OF 

THE  UNIVERSITY 
OF 


PRESENTED  BY 

PROBSBIAtLES  A.  K6E6TD  AND 
MRS.f  RUDE^B  W. 


X 


TOKO.  ATR  ATITCW  ©IP  II 


PRIN'V 

1838- 


BIOGRAPHY 

OF  THE  SIGNERS  TO  THE 

DECLARATION  OF  INDEPENDENCE, 

SECOND  EDITION, 
REVISED,  IMPROVED,  AND  ENLARGED. 

VOLUME  IV. 


PHILADELPHIA? 
WILLIAM  BROWN  AND  CHARLES  PETERS, 

1828. 


Eastern  District  of  Pennsylvania,  to  wit: 

*********      BE  IT  REMEMBERED,  That  on  the  12th  day  of  July,  in  the 

|  L.  S.  t  fifty -third  year  of  the  Independence  of  the  United  States   of 

3:**i****!  America,  A.  D.  1828,  William  Brown  and  Charles  Peters,  of  the 

said  District,  have  deposited  in  this  Office  the  title  of  a  Book,  the  right 

whereof  they  claim  as  proprietors,  in  the  words  following,  to  wit: 

"  Biography  of  the  Signers  to  the  Declaration  of  Independence. 
Second  Edition,  Revised,  Improved,  and  Enlarged.  In  five 
Volumes." 

In  conformity  to  the  act  of  the  Congress  of  the  United  States,  entitled  "An 
act  for  the  encouragement  of  learning,  by  securing  the  copies  of  maps,  charts, 
and  books,  to  the  authors  and  proprietors  of  such  copies,  during  the  times 
therein  mentioned/'  And  also  to  the  act,  entitled  "An  act  supplementary 
to  an  act,  entitled  *  An  act  for  the  encouragement  of  learning,  by  securing 
the  copies  of  maps,  charts,  and  books,  to  the  authors  and  proprietors  of 
such  copies,  during  the  times  therein  mentioned/  and  extending  the  benefits 
thereof  to  the  arts  of  designing,  engraving,  and  etching  historical  and  other 
prints.*' 

D.  CALDWELL, 
Clerk  of  the  Eastern  District  of  Pennsylvania. 


f.-f- 


CONTENTS  OF  VOLUME  IV. 

Page 

THOMAS  M'KEAN,    -  1 

SAMUEL  CHASE,  63 

WILLIAM  PACA,  -     109 

THOMAS  STONE,  129 

CHARLES  CARROLL,  -    151 

GEORGE  WTTHE,          -  171 

RICHARD  HENRY  LEE,     -  -     189 

THOMAS  JEFFERSON,     - 245 


K'|.;T;IV<-<|   hv  .1.  I).  J.oiivv.-u'  iv    iVoin  (lie   l'<  irl  \-;\  il  bv  C>.  Si  ir.irV. 


THOMAS  M'KEAN. 


THE  lives  of  most  men  pass  away  unobserved,  unheeded 
and  unknown,  out  of  the  particular  family  circle  to  which 
they  are  attached.  They  spring  into  existence,  and  sink 
into  the  grave,  amid  the  general  mass  of  perishable  matter, 
without  seeking  to  separate  themselves  from  it,  or  to  be  dis 
tinguished,  by  a  distinct  course,  from  the  cradle  to  the  tomb. 
Those  who  emerge  from  this  general  obscurity,  and  become 
eminent  for  their  talents  and  virtues,  are  characters  pecu 
liarly  adapted  for  the  delineation  of  the  historical  pencil,  be 
cause  their  example  may  prove  useful  to  others. 

Few  of  the  splendid  luminaries  which  have  adorned  the 
political  firmament  of  the  republic,  possess  stronger  claims 
to  this  distinction  than  THOMAS  M'KEAX.  Living  in  tur 
bulent  and  tempestuous  times,  beset  with  trials  and  difficul 
ties,  frequently  assailed  by  the  ambition,  the  envy,  and  the 
malice,  of  powerful  individuals,  and  the  flattery  or  hatred  of 
different  parties,  he  served  in  public  stations  of  government 
for  the  long  term  of  fifty  years,  during  which,  he  uniformly 
retained  his  fortitude  and  integrity,  and  the  well-merited 
confidence  of  his  fellow  citizens. 

THOMAS  M'KEAN  was  born  on  the  nineteenth  of  March, 
1734,  in  the  township  of  New  London,  county  of  Chester, 
VOL.  IV.  —  A 


2  M'KEAN. 

and  the  province  of  Pennsylvania.  His  father,  William 
M'Kean,  was  a  native  of  Ireland,  and  was  united  in  marriage, 
in  this  country,  to  Lsetitia  Finney,  of  the  same  nation. 
They  had  four  children, — Robert,  Thomas,  Dorothea,  and 
William. 

After  the  customary  elementary  education  in  reading,  writ 
ing,  and  arithmetic,  the  two  eldest  sons  were  placed  under 
the  tuition  of  the  reverend  Francis  Allison,  D.  D.,  a  man 
who,  for  more  than  forty  years,  supported  the  ministerial  cha 
racter  with  dignity  and  reputation,  and  to  whom  America  is 
greatly  indebted  for  that  diffusion  of  light  and  knowledge, 
and  that  spirit  of  liberty  and  inquiry  which  has  placed  many 
of  her  sons  upon  a  level  with   those  of  the  oldest  nations  of 
Europe.     Thomas  was,  at  this  time,   nine  years   of  age. 
When  he  had  completed  the  regular  course  of  instruction 
adopted  in  the  celebrated  institution  of  Dr.  Allison,  and  ac 
quired  a  sound  knowledge  of  the  languages,  of  the  practical 
branches  of  the  mathematics,  rhetoric,  logic,  and  moral  phi 
losophy,  he  went  to  Newcastle,   in  Delaware,  and  entered 
the  office  of  his  relative,  David  Finney,  as  a  student  at  law. 
Some  months  afterwards,  lie  engaged  as  a  clerk  to  the  pro- 
thonotary  of  the  court  of  common  pleas  ;  a  situation  which 
enabled  him  to  learn  the  practice,  while  he  was  studying  the 
theory  of  the  law.     In  about  two  years  from  this  time,  his 
assiduity  and  good  conduct  procured  him  the  appointment  of 
deputy  prothonotary,  and  register  for  the  probate  of  wills,  &c. 
for  the  county  of  Newcastle,  which  he  retained  until   he 
was  twenty  years  of  age :  the  whole  duties  of  the  office  ne 
cessarily  devolved  on  him,  as  his  principal  resided  on  his 
estate  in  the  county  of  Sussex,  nearly  eighty  miles  from  New-* 
castle. 

So  great  was  the  reputation  that  Mr.  M'Kean  acquired, 
even  in  youth,   by  his  industry  and  talents,  that,  before  he 


JVFKEAN.  3 

had  attained  the  age  of  twenty-one  years,  he  was  admitted 
an  attorney  at  law  in  the  courts  of  common  pleas  for  the 
counties  of  Newcastle,  Kent,  and   Sussex,  and   also  in  the 
supreme  court.     Before  the  expiration  of  a  year,  he  obtained 
a  considerable  share  of  business  ;  and,  in  1756,  was  admit 
ted  to  practise  in  the  court  of  his  native  county  of  Chester, 
and  soon  afterwards,  in  the  city  and  county  of  Philadelphia. 
In  1756,  the  attorney  general,  who  resided  in  Philadelphia, 
appointed  him,  not  only  without  any  solicitation,  but  with 
out  any  previous  knowledge  on  his  part,  his  deputy  to  pro 
secute  the  pleas  of  the  crown  in  the  county  of  Sussex :  he  re- 
signed  this  office,  after  having  for  two  years  performed  its 
duties  with  judgment  and  ability.  In  1757,  he  was  admitted  to 
the  bar  of  the  supreme  court  of  the  province  of  Pennsylvania. 
The  envy  which  the  success  of  the  young  lawyer  occasioned 
among  some  of  his  professional  brethren,  served  merely  as 
an  additional  spur  to  his  industry,  and  increased  his  assidui 
ty  in  the  pursuit  of  legal  knowledge.     In  the  same  year,  he 
was  elected  clerk  of  the  house  of  assembly,  an  honour  of 
which  he  was  unapprised  until  he  received  information  of  his 
appointment  from  Benjamin    Chew,  at  that  time  speaker: 
in  1758,  he  was  again  appointed  to  the  same  station,  but  af 
ter  that  period,  he  declined  a  re-election.     In  1762,  he  was 
selected  by  the  legislature,  together  with  Caesar  Rodney, 
to  revise  and  print  the   laws   passed   subsequently  to  the 
year  1752,  a  duty  which  they  speedily  and  satisfactorily  exe 
cuted. 

In  the  same  year,  Mr.  M'Kean  first  embarked  on  the 
stormy  sea  of  politics,  which  he  afterwards  braved  for  near 
ly  half  a  century.  In  October,  1762,  he  was  elected  a  mem 
ber  of  the  assembly  from  the  county  of  Newcastle,  and  was 
annually  returned  for  seventeen  successive  years,  although, 
dur  ng  the  last  six  years  of  that  period,  he  resided  in  Phila- 


4  M'KEAN. 

delphia,  and  had  frequently,  through  the  medium  of  the  puhilc 
papers,  communicated  to  his  constituents  his  desire  to  decline 
the  honour  of  a  re-election.  At  length,  on  the  first  of  October, 
1779,  on  the  day  of  the  general  election  in  Delaware,  he  attend 
ed  at  Newcastle,  where  he  addressed  his  constituents  in  a  long 
and  eloquent  speech,  embracing  a  summary  view  of  the  situ 
ation  and  prospects  of  the  United  States,  the  aspect  of  the 
war,  and  the  wisdom  and  perseverance  of  the  national  coun 
cils:  he  concluded  by  assigning  satisfactory  reasons  for  declin 
ing  to  be  considered  one  of  the  candidates  for  the  state  legisla 
ture.  Mr.  M'Kean  now  received  an  honourable  and  interest 
ing  evidence  of  the  confidence  reposed  in  him  by  his  fellow  citi 
zens.  Soon  after  he  had  withdrawn,  a  committee  of  six  gentle 
men  waited  on  him,  in  the  name  of  the  electors,  and  informed 
him  that  they  would  unwillingly  dispense  with  his  services 
in  the  assembly,  but  requested  that,  as  the  times  were  criti 
cal,  and  they  could  perfectly  rely  on  his  judgment,  he  would 
recommend  seven  persons  in  whom  they  might  confide  as  re 
presentatives  for  that  county.  This  novel  mode  of  exhibit 
ing  their  confidence,  unavoidably  excited  some  surprise, 
while  it  placed  Mr.  M'Kean  in  a  very  delicate  situation.  He 
immediately  replied,  that  although  the  compliment  was  of 
the  most  flattering  kind,  he  entreated  the  committee  to  make 
known  to  the  electors  his  grateful  acknowledgment  of  the 
honour  intended  him,  but  as  he  knew  not  only  seven,  but  se 
venty  of  the  gentlemen  then  present  at  the  election,  whom  he 
considered  worthy  of  their  votes,  he  felt  assured  that  they 
would  not,  on  reflection,  expose  him  to  the  hazard  of  giving 
offence  to  any  of  his  friends,  by  the  preference  which  he 
must  necessarily  show,  in  complying  with  their  request. 
After  hearing  this  reply,  the  committee  retired ;  but  soon 
after  returned,  and  stated  that  the  electors,  after  taking  his 
objections  into  consideration,  had  unanimously  resolved  to 


M'KEAN.  5 

'eiterate  their  request,  accompanied  by  the  assurance  that 
the  compliance,  so  far  from  offending  any  individual  what 
ever,  would  be  considered  as  an  additional  favour  conferred 
on  the  county.  Mr,  M'Kean,  accordingly,  but  with  great 
reluctance,  wrote  down  seven  names,  which  he  delivered  to 
the  committee,  with  the  observation,  that  this  act  would  at 
least  evidence  a  reciprocity  of  confidence  between  them.  The 
election  resulted  in  the  choice  of  the  seven  gentlemen  whom 
he  had  thus  named,  the  lowest  on  the  ballot  not  wanting  two 
hundred  votes  of  all  the  electors  present,  who  amounted  to 
more  than  eighteen  hundred. 

Parties  will  exist  in  all  popular  governments.  At  the  pe 
riod  when  Mr.  M'Kean  first  appeared  in  public  life,  Dela 
ware  was  divided  into  two  parties,  designated  by  the  names 
of  court,  and  country.  The  leading  members  of  the  former 
were  the  governor,  the  officers  of  government,  and  expectants 
of  office;  the  latter,  of  which  Mr.  M'Kean  was  a  distin 
guished  member,  was  composed  of  those  who  desired  an  in 
dependent  judiciary,  and  impartial  laws.  The  judges,  ma 
gistrates,  and  every  other  officer  in  the  province,  held  their 
commissions  during  the  pleasure  of  the  governor,  or  of  some 
of  his  favourites.  Hence,  wThen  a  practising  lawyer,  as  was 
generally  the  case,  enjoyed  this  enviable  situation,  the  judges 
of  all  the  courts  were  evidently  under  an  undue  influence,  and 
justice  was  frequently  perverted. 

In  1764,  he  was  appointed,  by  an  act  of  the  legislature, 
one  of  the  three  trustees  of  the  loan  office  for  Newcastle 
county,  for  four  years ;  which  trust  was  renewed  in  the  years 
1768,  and  1772.  This  species  of  loan  was  one  of  the  most 
happy  expedients  for  the  encouragement  of  industrious  set- 
tiers  in  a  new  country,  and  for  the  improvement  of  lands, 
that  was  ever  invented. 


6  Al'KEAN. 

After  the  conclusion  of  the  war  between  Great  Britain  and 
France,  in  1763,  parliament  made  a  grant  of  many  thousand 
pounds  sterling  for  the  relief  of  the  several  colonies  which 
had  honourably  exerted  themselves  during  the  conflict :  and 
yet,  in  less  than  two  years  after  the  peace  of  Paris,  the  fa 
mous  stamp  act  was  passed,  which,  had  it  gone  into  operation, 
would  not  only  have  annually  extorted  an  immense  sum  from 
the  colonists,  hut  subjected  their  property  to  the  absolute  dis 
posal  of  men  over  whom  they  had  no  control,  and  who  be 
nefited  themselves  in  proportion  to  the  amount  of  taxes  thus 
arbitrarily  imposed  on  their  fellow  subjects  in  America.    To 
avert,  if  possible,  the  impending  evil,  the  assembly  of  Mas 
sachusetts  Bay  proposed  to  the  legislative  assemblies  of  the 
other  colonies,  to  appoint  delegates  to  a  general  congress,  to 
consult  together  on  the  existing  circumstances  of  the  colonies; 
to  consider  of  a  general  and  united,  dutiful,  loyal,  and  hum 
ble,  representation  of  their  condition,  to  his  majesty,  arid  to 
the  parliament;  and  to  implore  relief  from  the  difficulties 
necessarily  arising  from  the  operation  of  the  acts  for  levying 
duties  and  taxes  on  the  colonies.     This  illustrious  body,  of 
which  Mr.  M*Kean  was  a  member  from  the  counties  of  New 
castle,  Kent,  and  Sussex,  on  Delaware,  assembled  at  New 
York,  in  October,  1765.     Their  proceedings  discover  a  spirit 
of  decision  and  firmness,  totally  irreconcilable  with  a  state 
of  servitude,  and  ready  to  adopt  every  expedient  for  relief, 
which  prudence  could  suggest,  or  fortitude  achieve.     These 
struggles,  with  the  difficulties  which  the  people  encountered 
in  forming  a  convention,  unknown  to  the  laws,  and  opposed 
by  the  royalists  invested  with  power,  were  honourable  to  the 
cause,  and  to  its  agents.     With  an  eye  steadily  fixed  on  free 
dom,  and  minds  chafed  with  the  superciliousness  of  mercenary 
minions  of  oppression,  they  nobly  resolved  to  systematise  an 
opposition  to  the  growing  tyranny  of  the  mother  country. 


M'KEAN.  7 

They  did  so ;  and  therein  generated  a  spirit  of  union,  which 
finally  brought  about  the  independence  of  the  country,  and  led 
to  the  establishment  of  its  present  happy  constitution.  But, 
although  such  was  the  character  of  the  great  majority  of  the 
assembly,  it  possessed,  upon  the  whole,  much  less  fortitude 
than  the  succeeding  congress  of  1774;  in  fact,  certain  mem 
bers  appeared  as  timid  as  if  engaged  in  a  traitorous  conspi 
racy.  Among  the  most  conspicuous  characters,  James  Otis 
appeared  to  be  the  best  and  boldest  speaker :  he  was  nomi 
nated  as  president  of  the  congress,  but  brigadier  Timothy 
Ruggles  succeeded  by  one  vote,  owing  to  the  number  of  the 
committee  from  New  York,  the  members  then  voting  indivi 
dually.  Before  the  commencement  of  the  proceedings,  how 
ever,  it  was  made  a  sine  qua  non  on  the  part  of  Mr.  M'Kean, 
and  resolved  accordingly,  that  the  committee  of  each  colony 
should  have  one  voice  only,  in  determining  any  questions 
that  should  arise  in  the  congress.  He  was  selected,  with  Mr. 
Livingston  and  Mr.  Rutledge,  to  inspect  and  correct  their 
proceedings  and  minutes ;  and  appointed,  with  Mr.  Lynch 
and  Mr.  Otis,  to  prepare  an  address  to  the  house  of  commons. 
He  displayed,  on  every  occasion,  that  unbending  firmness  and 
energy  which  characterized  his  subsequent  public  conduct. 

The  stamp  act  congress,  as  it  was  called,  having  framed  a 
declaration  of  rights  and  grievances,  together  with  an  ad 
dress  to  his  majesty,  and  memorials  to  the  lords  and  com 
mons,  was  dissolved  on  the  twenty-fourth  of  October,  1765. 
A  few  members  of  this  body  were  either  suspected  of  being 
inimical  to  its  designs,  or  acted  in  such  a  manner  as  if  they 
were  more  desirous  of  ingratiating  themselves  with  the  Bri 
tish  ministry,  than  serving  their  country.  When  the  business 
was  concluded,  and  on  the  last  day  of  the  session,  the  presi 
dent,  and  some  timid  members,  refused  to  sign  the  proceed 
ings.  Mr.  M'Kean  then  rose,  and  addressing  himself  per- 


8  M'KEAN. 

sonally  to  the  president,  remarked,  that  as  he  had  not  made 
a  solitary  objection  to  any  of  the  measures  which  had  been 
finally  adopted,  nor  a  single  observation  indicative  of  disap 
probation,  he  requested  that  he  would  now  assign  his  reasons 
for  refusing  to  sign  the  petitions.   To  this  demand,  the  presi 
dent  replied,  that  he  did  not  conceive  himself  bound  to  state 
the  cause  of  his  objections.     Mr.  M'Kean  rejoined,  that  the 
gentlemen  present  had  met  together  to  endeavour  to  obtain 
the  repeal  of  an  unconstitutional  and  oppressive  act  of  the 
British  parliament,  and  a  redress  of  other  grievances  ;  that, 
as  unanimity  and  harmony  had  hitherto  prevailed  amongst 
them,  it  appeared  very  extraordinary  that  any  member  should 
refuse  to  affix  his  name  to  what  he  had  at  least  apparently 
approved,  without  any  excuse,  or  observation,  on  the  occa 
sion  ;  and  that,  if  there  was  any  thing  treasonable,  offensive, 
or  indecent,  in  their  proceedings,  he  thought  it  would  be  an 
act  of  comity,  nay  of  duty,  to  advise  his  brethren  of  it :  other 
delegates  spoke  briefly  to  the  same  purport.     Thus  pressed  to 
an  explanation,  the  president,  after  a  long  pause,  observed, 
that  "it  was  against  his  conscience."  Mr.  M*Kean  now  rung 
the  changes  on  the  word  conscience  so  long  and  loud,  that  a 
plain  challenge  was  given  and  accepted,  in  the  presence  of 
the  whole  congress;  but  the  president  departed  from  New 
York  the  next  morning  before  the  dawn  of  day.    Mr.  Robert 
Ogden,  then  speaker  of  the  house  of  assembly  of  New  Jersey, 
also  refused  to  sign  the  petitions,  although  warmly  solicited 
by  Mr.  M'Kcan  in  private,  as  well  as  by  his  colleague,  colo 
nel  Borden.    The  great  mass  of  the  people  were,  at  this  time, 
zealous,  in  the  cause  of  America.     Hence,  Mr.  Ogden  was 
desirous  of  concealing,  for  some  time,  the  adverse  part  which 
he  had  taken  in  the  proceedings  of  the  congress.     He  ac 
cordingly  requested  colonel  Borden  not  to  mention  the  cir 
cumstance  among  his  more  immediate  constituents,  and  to 


M'KEAN.  9 

use  his  influence  with  Mr.  M'Kean,  his  son  in  law,  to  pre 
vail  on  him  to  pursue  the  same  course  :  hut  the  latter  would 
promise  nothing  more,  than  not  to  mention  the  matter  as  he 
passed  through  New  Jersey,  unless  the  question  was  put  to 
him.  The  question  was  asked  :  in  several  different  towns, 
he  was  requested  to  state  the  names  of  the  gentlemen  who 
had  not  signed  the  petitions,  which  he  did  without  hesitation. 
In  a  few  days,  the  speaker  was  burned  in  effigy  in  the  town 
in  which  he  resided,  as  well  as  in  several  others,  and  at  the 
next  meeting  of  the  general  assembly,  he  was  removed  from 
the  office  of  speaker  :  the  consequences  to  Mr.  M'Kean  were 
menaces  of  another  challenge,  not  more  fatal  than  the  former. 

On  his  return  to  Newcastle,  he,  with  his  colleague  Mr. 
Rodney,  reported  their  proceedings  to  the  assembly  of  Dela 
ware,  and  received  the  unanimous  thanks  of  that  house,  for 
the  energy  and  ability  with  which  they  had  discharged  their 
duties  in  the  congress, 

Mr.  M'Kean  continued  to  be  engaged  in  various  public 
employments.  On  the  tenth  of  July,  1765,  he  was  appointed 
by  the  governor,  sole  notary,  and  tabellion  public,  for  the 
lower  counties  on  Delaware  ;  and,  in  the  same  year,  received 
the  commission  of  a  justice  of  the  peace,  and  of  the  court  of 
common  pleas  and  quarter  sessions,  and  of  the  orphan's  court, 
for  the  county  of  Newcastle.  In  November  term,  1765,  and 
February  term,  1766,  he  sat  on  the  bench  which  ordered  all 
the  officers  of  the  court  to  proceed  in  their  several  duties, 
as  usual,  on  unstamped  paper:  this  was  accordingly  done ; 
and  it  is  believed  that  this  was  the  first  court  in  the  colonies 
that  established  such  an  order. 

In  1766,  he  was  licensed  by  the  governor  of  New  Jersey, 

on  the  recommendation  of  the  judges  of  the  supreme  court, 

to  practise  as  a  solicitor  in  chancery,  attorney  at  law,  and 

counsellor,  within  all  the  courts  in  that  province.     In  1769, 

VOL.  IV — B 


10  M'KEAN. 

he  waa  selected  by  the  assembly  to  proceed  to  New  York, 
and  there  to  obtain  copies  of  all  documents  relating  to  real 
estates  in  the  lower  counties  on  Delaware,  prior  to  the  year 
1700  ;  he  faithfully  discharged  this  duty,  and  the  copies  thus 
procured  were  established,  by  a  law,  as  of  equal  authority 
with  the  original  records.  In  1771,  he  was  appointed  by 
the  commissioners  of  his  majesty's  customs,  collector  of  the 
port  of  Newcastle;  and  in  October,  1772,  he  was  chosen 
speaker  of  the  house  of  representatives. 

Owin£  to  a  change  of  ministers  in  the  British  cabinet,  and 
the  apprehension  of  a  serious  opposition  on  the  part  of  the 
colonies,  the  stamp  act  was  repealed  ;  but,  at  the  same  time, 
an  act  was  passed,  maintaining  the  right  of  the  parliament 
to  bind  the  colonies  by  law  in  all  cases  whatsoever.  Two 
years  had  not  elapsed  from  this  period,  before  the  govern 
ment  resolved  to  test  this  right,  and  derive  a  revenue  from 
their  colonies,  by  imposing  a  duty  on  the  importation  of  teas, 
paper,  painter's  colours,  and  glass,  which  were  prohibited 
from  any  other  place  than  Great  Britain.  The  impost  was 
so  small,  that  little  opposition  was  anticipated:  but  there 
were  patriots  in  the  colonies  who  had  not  forgotten  the  stamp 
act ;  who  deeply  reflected  on  the  consequences  of  submission, 
and  who  were  fully  aware  that  it  would  be  established  as  a 
precedent,  and  that  many  an  error,  by  the  same  example, 
would  creep  into  the  state.  A  correspondence  accordingly 
took  place  among  leading  and  influential  characters  through 
out  the  continent ;  a  powerful  opposition  was  organised  ;  and 
measures  concerted  to  render  it  effectual.  Public  meetings 
were  held  in  the  principal  commercial  towns,  and  it  was 
finally  agreed,  that  the  colonies  should  appoint  delegates 
from  their  respective  houses  of  assembly,  to  meet  in  Phila 
delphia,  on  the  fifth  of  September,  1774.  Firm  and  decided, 
uniform  and  energetic,  in  resisting  the  usurpations  of  the 


M'KEAN.  11 

British  crown,  Mr.  M'Kean,  as  he  had  before  done  in  1765, 
took  an  active  part  in  the  preparatory  measures  which  led 
to  the  meeting  of  this  congress ;  and  was  appointed  a  dele 
gate  from  the  lower  counties  on  Delaware,  although  he  had, 
a  short  time  before,  removed  his  residence  permanently  to 
Philadelphia. 

An  important  era,  not  only  in  the  history  of  America,  but 
of  man,  had  now  arrived.  Great  events  may  not  create,  but 
they  always  will  elicit  and  excite  ability,  and  bring  dormant 
talents  into  active  operation ;  and,  although  the  principal 
part  of  his  life  had  hitherto  been  employed  in  laborious  offi 
cial  engagements,  Mr.  M'Kean  soon  found  that  the  times 
now  required  all  the  exertions  of  his  mental  and  physical 
powers.  On  the  fifth  of  September,  he  took  his  seat  in  the 
august  assemblage,  of  which  he  became  an  invaluable  orna 
ment;  and  from  that  day,  his  country  claimed  him  as  her 
own.  He  was  annually  elected  a  member,  until  the  first  of 
February,  1783;  serving  in  the  great  national  council  during 
the  long,  and  uninterrupted,  period  of  eight  years  and  a  half. 

Two  remarkable  circumstances,  connected  with  this  epoch, 
arc  peculiar  to  the  life  of  Mr.  M'Kean.  In  the  first  place, 
he  was  the  only  man  who  was,  without  intermission,  a  mem 
ber  of  the  revolutionary  congress,  from  the  time  of  its  open 
ing,  in  1774,  until  after  the  preliminaries  of  the  peace  of 
1783  were  signed  ;  for,  notwithstanding  he  was  also  engaged 
in  other  important  public  affairs,  his  residence  in  Philadel 
phia  induced  his  constituents  to  continue  to  return  him.  It 
may  be  added,  however,  as  a  case  very  similar,  that  Roger 
Sherman,  a  delegate  from  Connecticut,  was  a  member  of 
congress  from  the  time  of  its  first  sitting,  in  September,  1774, 
until  the  month  of  February,  1782,  and  what  is  more  remark 
able,  he  was  a  member  during  the  long  period  of  nineteen 
years,  except  when  the  laws  required  a  rotation  in  office. 


12  M'KEAN. 

The  other  circumstance  is,  that  while  he  represented  the  state 
of  Delaware  in  congress,  until  1783,  and  was,  in  1781,  pre 
sident  of  it,  yet,  from  July  1777,  he  held  the  office,  and  exe 
cuted  the  duties,  of  chief  justice  of  Pennsylvania.  Each  of 
these  states  claimed  him  as  her  own  ;  and  for  each  were  his 
talents  faithfully  exerted. 

Possessed  of  long  tried  ahility  and  perseverance,  apt  in 
forming  conclusions,  and  skilful  in  the  details  as  well  as  ge 
neral  principles,  of  public  business,  Mr.  M'Kean's  career  in 
congress  embraced  a  series  of  unremitting  and  distinguished 
services.  A  few  days  after  the  first  sitting,  he  was  appointed 
one  of  the  committee  to  state  the  rights  of  the  colonies,  the 
several  instances  in  which  those  rights  were  violated  or  in 
fringed,  and  the  means  most  proper  to  be  pursued  for  the 
restoration  of  them.  He  served  diligently  on  the  important 
secret  committee  to  contract  for  the  importation  of  arms  and 
ammunition  :  and  his  talents  were  equally  exerted  in  estab 
lishing  the  claims  and  accounts  against  the  government ;  in 
superintending  the  finances  of  the  states,  and  the  emission  of 
bills  of  credit;  in  hearing  and  determining  on  appeals  brought 
against  sentences  passed  on  libels  in  the  courts  of  admiralty; 
and  in  a  variety  of  important  and  secondary  transactions, 
connected  with  the  general  business  of  congress.  On  the 
twelfth  of  June,  1776,  he  was  appointed  a  member  of  the 
committee  to  prepare  and  digest  the  form  of  a  confederation 
to  be  entered  into  between  the  colonies :  on  the  same  day  a 
draft  was  reported,  which,  after  many  postponements,  amend 
ments,  and  debates,  was  finally  agreed  to,  on  the  fifteenth  of 
November,  1777.  The  articles  of  confederation,  however, 
owing  to  the  objections  made  by  the  states,  were  not  signed 
by  a  majority  of  their  representatives,  until  the  ninth  of  July, 
1778.  The  delegates  from  New  Jersey,  Delaware  and  Mary 
land,  then  informed  congress  that  they  had  not  yet  received 


M'KEAN.  13 

powers  to  ratify  and  sign  the  instrument.  On  the  twenty- 
sixth  of  November  following,  New  Jersey  acceded  to  the 
confederation  ;  and  on  the  twenty-second  of  February,  1779, 
Mr.  M*Kean  signed  and  ratified  the  articles,  in  behalf  of  the 
state  of  Delaware.  At  length,  the  state  of  Maryland  em 
powered  her  delegates  to  subscribe  and  ratify  the  act  of 
union,  and  its  final  ratification  took  place  on  the  first  of 
March,  1781. 

It  has  already  been  remarked  that  the  signatures  on  the 
Declaration  of  Independence  do  not,  in  more  than  one  in 
stance,  merely  indicate  those  who  .voted  for  it  on  the  fourth 
of  July,  1776;  as  several  of  the  signers  were  not  at  that 
time  in  congress.  But  as  regards  some  of  the  delegates  an 
other  error  also  occurred,  and  among  them  Mr.  M'Kean. 

He  was  particularly  active  and  useful  in  procuring  the 
passage  of  the  Declaration  ;  nevertheless,  although  his  name 
is  subscribed  to  the  original  instrument  deposited  in  the  office 
of  the  secretary  of  state,  he  does  not  appear  as  a  subscriber 
to  the  copy  published  in  the  Journals  of  Congress.  The  late 
Mr.  Dallas,  in  the  course  of  the  re-publication  of  the  laws  of 
Pennsylvania,  wishing  to  compile  an  accurate  copy  of  the 
Declaration  of  Independence,  addressed  a  letter,  on  the 
nineteenth  of  September,  1796,  to  Mr.  M4Kean,  requesting 
to  know  why  such  a  variance  existed.  The  answer  to  this 
inquiry  is  a  valuable  historical  record:  it  is  dated  at  Phila 
delphia  on  the  twenty-sixth  of  September  1796,  and  is  in 
these  terms: 

"Sir — Your  favour  of  the  nineteenth  instant,  respecting 
the  Declaration  of  Independence,  should  not  have  remained 
so  long  unanswered,  if  the  duties  of  my  office  of  chief  justice 
had  not  engrossed  my  whole  attention  while  the  court  was 
sitting. 


14  M'KEAN. 

"  For  several  years  past  I  have  been  taught  to  think  less 
unfavourably  of  scepticism  than  formerly.  So  many  things 
have  been  misrepresented,  misstated,  and  erroneously  printed, 
(with  seeming  authenticity,)  under  my  own  eye,  as  in  my 
opinion  to  render  those  who  doubt  of  every  thing,  not  alto 
gether  inexcusable  :  The  publication  of  the  Declaration  of 
Independence,  on  the  fourth  of  July,  1776,  as  printed  in  the 
second  volume  of  the  Journals  of  Congress,  page  241 ;  and 
also  in  the  acts  of  most  public  bodies  since,  so  far  as  respects 
the  names  of  the  delegates  or  deputies  who  made  that  Decla 
ration,  has  led  to  the  above  reflection.  By  the  printed  pub 
lications  referred  to,  it  would  appear  as  if  the  fifty-five  gen 
tlemen,  whose  names  are  there  printed,  and  none  other,  were 
on  that  day  personally  present  in  congress,  and  assenting  to 
the  Declaration  ;  whereas,  the  truth  is  otherwise.  The  fol 
lowing  gentlemen  were  not  members  of  congress  on  the  fourth 
of  July,  1776;  namely,  Matthew  Thornton,  Benjamin  Rush, 
George  Clymer,  James  Smith,  George  Taylor,  and  George 
Ross.  The  five  last  named  were  not  chosen  delegates  until 
the  twentieth  day  of  that  month  ;  the  first  not  until  the  twelfth 
day  of  September  following,  nor  did  he  take  his  seat  in  con 
gress  until  the  fourth  of  November,  which  was  four  months 
after.  The  Journals  of  Congress,  (vol.  ii.  page  277  and  442,) 
as  well  as  those  of  the  assembly  of  the  state  of  Pennsylvania, 
(p.  53,)  and  of  the  general  assembly  of  New  Hampshire, 
establish  these  facts.  Although  the  six  gentlemen  named  had 
been  very  active  in  the  American  cause,  and  some  of  them,  to 
my  own  knowledge,  warmly  in  favour  of  independence,  pre- 
\ious  to  the  day  on  which  it  was  declared,  yet  I  personally 
know  that  none  of  them  were  in  congress  on  that  day. 

" Modesty  should  not  rob  any  man  of  his  just  honour, 
when  by  that  honour,  his  modesty  cannot  be  offended.  My 
name  is  not  in  the  printed  journals  of  congress,  as  a  party 


M'KEAN.  15 

to  the  Declaration  of  Independence,  and  this,  like  an  error 
in  the  first  concoction,  has  vitiated  most  of  the  subsequent 
publications,  and  yet  the  fact  is,  that  I  was  then  a  member  of 
congress  for  the  state  of  Delaware,  was  personally  present 
in  congress,  and  voted  in  favour  of  independence  on  the  fourth 
of  July,  1776,  and  signed  the  declaration  after  it  had  been 
engrossed  on  parchment,  where  my  name,  in  my  own  hand 
writing,  still  appears.     Henry  Wisner,  of  the  state  of  New 
York,  was  also  in  congress,  and  voted  for  independence.  *  *  * 
1  do  not  know  how  the  misstatement  in  the  printed  journal 
has  happened.     The  manuscript  public  journal  has  no  names 
annexed  to  the  Declaration  of  Independence,   nor  has  the 
secret  journal ;  but  it  appears  by  the  latter,  that  on  the  nine 
teenth  day  of  July,  1776,  the  congress  directed  that  it  should 
be  engrossed  on  parchment,  and  signed  by  every  member, 
and  that  it  was  so  produced  on  the  second  of  August,  and 
signed.     This  is  interlined  in  the  secret  journal,  in  the  hand 
of  Charles   Thompson,   the   secretary.      The   present    se 
cretary  of  state,    of  the  United   States,   and  myself,    have 
lately  inspected  the  journals,  and  seen  this.     The  journal 
was  first  printed  by  Mr.  John  Dunlap,  in  1778,  and  proba 
bly  copies,  with  the  names  then  signed  to  it,  were  printed 
in  August,  1776,  and  that  Mr.   Dunlap  printed  the  names 
from  one  of  them. 

"  I  have  now,  sir,  given  you  a  true,  though  brief,  history  of 
this  affair;  and,  as  you  are  engaged  in  publishing  a  new  edi 
tion  of  the  Laws  of  Pennsylvania,  I  am  obliged  to  you  for  af 
fording  the  favourable  opportunity  of  conveying  to  you  this 
information,  authorising  you  to  make  any  use  of  it  you 
please.  I  am,  £c." 

In  the  year  1776,  Delaware  was  represented  in  congress 
by  Caesar  Rodney,  George  Read,  and  Thomas  M'Kean. 


16  M'KEAN. 

Mr.  Rodney  was  not  present  when  the  question  of  indepen 
dence  was  put,  in  a  committee  of  the  whole,  on  the  first  of 
July.  Mr.  M'Kean  voted  for,  and  Mr.  Read  against  it. 
Delaware  was  thus  divided.  When  the  president  resumed 
the  chair,  the  chairman  of  the  committee  of  the  whole  made 
his  report,  which  was  not  acted  upon  until  Thursday,  the 
fourth  of  July.  Every  state,  excepting  Pennsylvania  and 
Delaware,  had  voted  in  favour  of  the  measure,  but  it  was  a 
matter  of  great  importance  to  procure  an  unanimous  voice. 
Mr.  M'Kean,  therefore,  without  delay,  despatched  an  ex 
press,  at  his  private  expense,  for  Mr.  Rodney,  who  was  then 
in  Delaware.  That  gentleman  hastened  to  Philadelphia, 
and  was  met  at  the  door  of  the  state  house,  in  his  boots  and 
spurs,  by  Mr.  M'Kean,  as  the  members  were  assembling  on 
the  morning  of  the  fourth.  After  a  friendly  salutation,  but 
without  exchanging  a  word  on  the  subject  of  independence, 
they  entered  the  hall  together,  and  took  their  seats.  They 
were  among  the  latest  in  attendance;  the  proceedings  im 
mediately  commenced,  and,  after  a  few  minutes,  the  great 
question  was  put.  \Yhen  the  vote  of  Delaware  was  called, 
Mr.  Rodney  rose,  and  briefly  expressing  his  conviction  that 
the  welfare  of  his  country  demanded  the  declaration,  voted 
with  Mr.  M'Kean,  and  secured  the  voice  of  Delaware. 
Two  of  the  members  of  the  Pennsylvania  delegation,  adverse 
to  the  measure,  being  absent,  that  state  also  united  in  the 
vote,  by  a  majority  of  one.  By  these  means,  the  Declara 
tion  of  Independence  became  the  unanimous  act  of  the  thir 
teen  states.  Mr.  M'Kean  being  engaged  in  military  services, 
was  not  present  in  congress  during  several  months  next  suc 
ceeding  the  fourth  of  July,  1776 ;  and  it  was  not  until  the 
month  of  October,  that  he  had  an  opportunity  of  affixing  his 
signature  to  the  declaration,  engrossed  on  parchment,  as  di- 


M'KEAN.  17 

reeled  by  a  resolution  of  congress  subsequent  to  his  necessary 
departure  from  Philadelphia. 

Mr.  M'Kean  was  president  of  the  convention  of  deputies 
from  the  committees  of  Pennsylvania,  held  at  the  Carpenter's 
Hall,  in  Philadelphia,  in  June,  1776,  who  unanimously  de 
clared  their  willingness  to  concur  in  a  vote  of  the  congress, 
declaring  the  United  States  free  and  independent  states. 
He  was  one  of  the  committee,  with  Dr.  Franklin,  and  two 
other  deputies,  which  drafted  that  declaration  ;  on  the  twen 
ty-fourth  of  June,  he  signed  it  in  behalf  of  the  state  of  Penn 
sylvania;  and  on  the  succeeding  day,  delivered  it  to  con 
gress,  in  the  name  of  the  convention.  The  regiment  of  asso- 
ciators,  of  which  he  was  colonel,  had,  in  the  preceding 
month  of  May,  unanimously  made  a  similar  declaration. 

On  the  fifth  of  July,  1776,  he  was  chosen  chairman,  at  a 
conference  of  the  delegates  in  congress,  for  the  states  of  New 
York,  New  Jersey,  and  Pennsylvania.  In  the  same  year, 
he  was  also  chairman  of  the  committee  of  safety  of  Pennsyl 
vania,  and  of  the  committee  of  inspection  and  observation  for 
the  city  and  liberties  of  Philadelphia. 

Mr.  M'Kean,  at  this  time,  was  colonel  of  a  regiment  of 
associators  of  the  city  of  Philadelphia.  At  a  conference 
held  on  the  fifth  of  July,  1776,  between  a  committee  of  con 
gress  appointed  for  the  purpose,  and  the  committee  of  safety 
of  Pennsylvania,  the  committee  of  inspection  and  observation 
for  the  city  and  liberties  of  Philadelphia,  and  the  field  offi 
cers  of  the  five  battalions  of  that  city,  it  was  agreed  that  all 
the  associated  militia  of  the  state,  with  certain  exceptions, 
who  could  be  furnished  with  arms  and  accoutrements,  should 
immediately  march,  with  the  utmost  expedition,  to  New  Jer 
sey,  and  continue  in  service  until  a  flying  camp,  of  ten  thou 
sand  men,  could  be  collected  to  relieve  them.  In  consequence 
VOL.  IV— C 


18  M'KEAN. 

of  these  resolutions,  Mr.  M'Kean,  a  few  days  after  the  de 
claration  of  independence,  marched  at  the  head  of  his  batta- 
lion,  to  Perth  Amboy,  in  New  Jersey,  to  support  general 
Washington.  Although,  during  his  term  of  service,  no  re 
gular  engagement  took  place,  he  was  sometimes  exposed  to 
considerable  danger,  in  the  skirmishes,  or  rather  cannonad 
ing,  which  occurred.  An  instance  of  this  nature  is  related 
by  himself,  in  a  letter  dated  Head  Quarters,  Perth  Amboy, 
July  26th,  1776.  The  lines  of  the  enemy  were  about  six 
hundred  yards  distant.  Several  shallops  were  descried  sail 
ing  along  the  opposite  shore  towards  the  enemy's  men-of- 
war.  Colonel  M'Kean  had  received  orders  to  hold  his  batta 
lion  in  readiness  to  march  into  town  at  a  minute's  warning, 
and  the  men  were  immediately  under  arms.  "  I  left  them," 
he  remarks,  "  under  lieutenant-colonel  Dean,  to  be  marched 
to  town,  whilst  I  mounted  my  horse,  and  waited  on  the  ge 
neral  for  orders.  On  the  road,  which  is  a  straight  and  wide 
lane,  (something  like  Market  street,)  all  the  way  from  the 
camp  to  the  Sound,  and  in  a  line  with  the  enemy's  batteries, 
about  twenty  cannon  balls  flew  close  to  me,  sometimes  on 
one  side,  sometimes  on  the  other,  and  some  just  over  my 
head.  I  confess,  I  was  not  a  little  alarmed,  being  the  first 
time  that  I  had  ever  heard  a  cannon  ball,  but  clapped  spurs 
to  my  horse,  and  rode  on  amidst  the  balls  for  the  general's, 
where  orders  had  just  been  issued  to  halt  the  battalion :  I 
was  going  to  execute  them,  when,  on  turning  round,  I  saw  a 
horse  shot  through  the  neck  with  a  four-pounder,  within 
much  less  distance  than  the  width  of  Market  Street,  from 
me.  The  fire  was  so  incessant,  and  so  direct  on  the  street 
that  I  had  to  return,  that  some  gentlemen  entreated  me  to 
wait  a  short  time ;  but,  as  the  troops  under  my  care  were 
in  full  march,  and  colonel  Miles's  battalion  close  behind  them. 


M'KEAN.  19 

1  thought  it  my  duty  to  stop  them,  as  some  of  them  other 
wise  would  probably  be  killed,  without  a  chance  of  effecting 
any  beneficial  service.  On  my  return,  I  found  the  fire  hot 
ter  than  before,  the  enemy  then  playing  from  three  batteries 
of  three  or  four  guns  each ;  but,  through  God's  favour,  I 
escaped  unhurt,  and  marched  the  troops  to  the  camp." 

After  the  flying  camp  was  completed,  the  associators  were 
discharged,  and  Mr.  M'Kean  returned  to  Philadelphia,  when 
he  resumed  his  seat  in  congress,  and  signed  the  Declaration 
of  Independence,  on  parchment.  Finding  that  he  had  been 
elected  a  member  of  the  convention  for  forming  a  constitution 
for  the  state  of  Delaware,  he,  in  two  days,  departed  for  Do 
ver,  which  he  reached  in  one  day.  Immediately  on  his  ar 
rival,  after  a  fatiguing  ride,  a  committee  of  gentlemen  waited 
on  him,  and  requested  that  he  would  prepare  a  constitution 
for  the  future  government  of  the  state.  To  this  he  consented. 
He  retired  to  his  room  in  the  tavern,  sat  up  all  the  night,  and 
having  prepared  it  without  a  book,  or  any  assistance  what 
ever,  presented  it,  at  ten  o'clock  next  morning,  to  the  house, 
when  it  was  unanimously  adopted. 

In  the  year  1777,  Mr.  M'Kean  acted  in  the  double  capa 
city  of  president  of  the  state  of  Delaware,  and  chief  justice 
of  Pennsylvania.  "  I  have  had,"  he  remarks  in  a  letter  to 
John  Adams,  dated  November  8th,  1779,  "my  full  share 
of  the  anxieties,  cares  and  troubles,  of  the  present  war.  For 
some  time,  I  was  obliged  to  act  as  president  of  the  Delaware 
state,  and  as  chief  justice  of  this :  general  Howe  had  just 
landed  (August,  If  77,)  at  the  head  of  Elk  river,  when  I 
undertook  to  discharge  these  two  important  trusts.  The 
consequence  was,  to  be  hunted  like  a  fox  by  the  enemy,  and 
envied  by  those  who  ought  to  have  been  my  friends.  I  was 
compelled  to  remove  my  family  five  times  in  a  few  months, 


20  M'KEAN. 

and,  at  last,  fixed  them  in  a  little  log  house  on  the  hanks  of 
the  Susquehannah,  more  than  a  hundred  miles  from  this 
place:  hut  safety  was  not  to  be  found  there,  for  they  were 
soon  obliged  to  remove  again,  on  account  of  the  incursions 
of  the  Indians." 

On  the  twenty-eighth  of  July,  1777,  he  received  from  the 
supreme  executive  council,  the  commission  of  chief  justice  of 
Pennsylvania,  and  performed  the  duties  of  that  high  station 
with  distinguished  zeal  and  fidelity,  for  twenty -two  years. 
At  the  time  of  his  appointment,  he  was  speaker  of  the  house 
of  assembly,  president  of  Delaware,  and  a  member  of  con 
gress. 

The  following  remarks  on  this  appointment  are  extracted 
from  his  letter  to  John  Dickinson,  dated  Newark,  August 
15th,  1777:  "When  I  was  in  Philadelphia,  about  a  fort 
night  ago,  the  office  of  chief  justice  was  offered  to  me  in  the 
politest  manner.  Two  of  my  friends  were  rather  against 
my  accepting  it;  many  others  pressed  me  to  it,  in  the  warmest 
manner.  Upon  the  whole,  to  prevent  the  least  suspicion 
that  I  was  against  any  government  but  such  as  I  framed  my 
self,  and  that  I  wanted  to  embroil  the  state,  and  occasion 
disaffection  to  the  common  cause,  &c.  &c.  which  had  been 
liberally  propagated  ;  and  to  evidence  that  I  had  nothing  in 
view  but  to  promote  the  happiness  of  my  country,  I  thought 
it  my  duty  (though  manifestly  against  my  interest)  to  imi 
tate  the  great  lord  Hale,  when  pressed  to  the  like  by  Crom 
well,  and  was,  for  the  same,  and  better  reasons,  prevailed 
with  to  accept  it." 

The  burden  of  public  affairs  now  fell  heavily  on  Mr. 
M'Kean ;  and  he  became  more  and  more  solicitous  to  be  re 
lieved  from  his  congressional  duties.  In  a  letter  to  the  legis 
lature  of  Delaware,  dated  December  25th,  1780,  he  thus  por- 


M'KUAN.  21 

trays  his  situation:  "I  find  that  my  health  and  fortune  are 
impaired  hy  my  unremitting  attention  to  public  affairs:  what 
I  undertake  to  perform,  I  do  with  all  my  might ;  and  having 
very  little  relief  in  attending  congress,  I  find  that  this,  the 
discharging  the  duties  of  chief  justice,  &c.  &c.  are  more  than 
I  can  perform  to  my  own  satisfaction.  Besides,  the  rank  I 
am  obliged  to  maintain  is  greater  than  comports  with  my 
finances.  I  must,  therefore,  beg  of  you,  to  appoint  some 
gentlemen  as  delegates,  who  will  attend  in  congress  at  such 
times  as  I  am  obliged  to  be  on  the  circuit,  or  in  court,  and 
who  will  also  relieve  me  occasionally  at  other  times,  and 
permit  that  relaxation  which  is  absolutely  necessary  for  the 
mind  as  well  as  the  body ;  otherwise,  that  the  general  as 
sembly  would  be  pleased  to  excuse  me  the  honour,  in  future ; 
which  is  my  ardent  wish."  It  is  a  proof  of  the  disinterested 
principles  by  which  the  public  men  of  that  period  were  guided, 
that  Mr.  M'Kean  had  never  received,  in  any  year,  as  much 
emolument,  as  a  delegate,  as  would  defray  his  personal  ex 
penses,  while  engaged  in  the  service ;  and  that,  during  the 
last  two  years,  (1779  and  1780,)  he  had  not  been  offered, 
or  received,  a  farthing.  His  resignation,  however,  was  not 
accepted,  and  he  continued  his  duties  as  a  delegate  from 
Delaware. 

On  the  tenth  of  July,  1781,  he  was,  on  the  resignation  of 
Samuel  Huntington,  elected  president  of  congress.  On  the 
twenty-third  of  October,  1781,  he  addressed  the  following 
letter  to  the  secretary: 

"  Sir — I  must  beg  you  to  remind  congress,  that  when  they 
did  me  the  honour  of  electing  me  president,  and  before  I 
assumed  the  chair,  I  informed  them,  that  as  chief  justice  of 
Pennsylvania,  I  should  be  under  the  necessity  of  attending 
the  supreme  court  of  that  state,  in  the  latter  end  of  Septem- 


22  M'KEAN. 

ber,  or  at  farthest,  in  October.  That  court  will  be  held 
to-day.  I  must  therefore  request,  that  they  will  be  pleased 
to  proceed  to  the  choice  of  another  president.  I  am,  sir,  &c." 

Congress  accepted  the  resignation  of  Mr.  M'Kean,  but 
postponed  the  election  of  a  president  until  the  next  day,  when, 
on  motion  of  Dr.  Witherspoon,  it  was  unanimously  resolved, 
that  Mr.  M'Kean  be  requested  to  resume  the  chair,  and  act 
as  president,  until  the  first  Monday  in  November,  the  reso 
lution  of  the  previous  day,  accepting  his  resignation,  not 
withstanding.  To  this  measure  he  acceded.  On  the  fifth  of 
November,  John  Hanson  was  elected  president;  and  on  the 
seventh,  it  was  "  Resolved,  that  the  thanks  of  congress  be 
given  to  the  honourable  Thomas  M'Kean,  late  president  of 
congress,  in  testimony  of  their  approbation  of  his  conduct  in 
the  chair,  and  in  the  execution  of  public  business."  This 
honourable  testimonial  was  conveyed  to  Mr.  M'Kean,  in  the 
following  flattering  communication  from  his  successor,  who 
was  well  qualified  to  pass  a  correct  judgment  on  the  merits 
and  conduct  of  his  predecessor. 

"Sir — It  is  always  a  pleasing  task  to  pay  a  just  tribute  to 
distinguished  merit.  Under  this  impression,  give  me  leave 
to  assure  you,  that  it  is  with  inexpressible  satisfaction  I  pre 
sent  you  the  thanks  of  the  United  States  in  congress  assem 
bled,  in  testimony  of  their  approbation  of  your  conduct  in 
the  chair,  and  in  the  execution  of  public  business ;  a  duty  I 
am  directed  to  perform  by  their  act  of  the  seventh  instant,  a 
copy  of  which  I  have  the  honour  of  enclosing. 

"When  I  reflect  upon  the  great  abilities,  the  exemplary  pa 
tience,  and  unequalled  skill  arid  punctuality,  which  you  so 
eminently  displayed  in  executing  the  important  duties  of  pre 
sident,  it  must  unavoidably  be  productive  of  great  apprehen- 


M'KEAN.  23 

sions  in  the  one  who  has  the  honour  of  being  your  successor. 
But  the  choice  of  congress  obliges  me,  for  a  moment,  to  be 
silent  on  the  subject  of  my  own  inability ;  and,  although  I 
cannot  equal  the  bright  example  that  is  recently  set  me,  yet 
it  shall  be  my  unremitting  study  to  imitate  it  as  far  as  possi 
ble;  and,  in  doing  this,  the  reflection  is  pleasing,  that  I  shall 
invariably  pursue  the  sacred  path  of  virtue,  which  alone 
ought  to  preserve  me  free  from  censure.  I  have  the  honour 
to  be,  &c." 

It  may  be  assumed  as  a  fact,  strengthened  by  daily  expe 
rience,  that  those  men  who  are  mere  passive  beings,  will 
have  neither  friends  nor  enemies ;  while  those  who  are  ac 
tive,  will  have  both  :  and,  whether  a  man  does  right  or 
wrong,  he  may  always  expect  to  be  blamed  by  his  enemies. 
Hence,  a  great  clamour  attended  the  elevation  of  Mr.  M'Kean 
to  the  presidency  of  congress.  His  acceptance  of  that  sta 
tion,  while  holding  the  office  of  chief  justice,  aroused  the 
sleeping  lions  who  would  otherwise,  in  all  probability,  have 
dozed  on,  regardless  both  of  their  constitution  and  country. 
The  press  teemed  with  essays  on  the  subject,  maintaining 
both  sides  of  the  question,  in  which  the  advocates  of  Mr. 
M'Kean  enjoyed  a  manifest  advantage.  It  was  evident  that 
the  authors  of  the  outcry  were  incited  by  envy  or  ambition, 
and  not  by  virtue  or  love  of  country ;  because,  if  his  seat  in 
congress  was  illegal  at  all,  it  was  as  much  so  before  he  was 
made  president,  as  afterwards.  When  he  was  appointed  chief 
justice,  in  1777,  he  was  speaker  of  the  house  of  assembly, 
soon  after  commander  in  chief,  and  from  that  time  until  his 
election  to  the  chair  of  congress,  constantly  a  delegate  from 
the  state  of  Delaware.  It  is  not  easy,  moreover,  to  imagine, 
what  right  the  state  of  Pennsylvania  had  to  complain  of  his 


24  M'KEAN. 

conduct.     The  state  of  Delaware  did  not,  in  the  first  in 
stance,  appoint  the  chief  justice  of  Pennsylvania  one  of  their 
delegates  in  congress ;  but  it  was  the  state  of  Pennsylvania 
that  appointed  one  of  the  delegates  of  Delaware,  then  in  con 
gress,  to  he  their  chref  justice :  how,  then,  could  the  blame  of 
the  transaction  (even  if  it  were  blamable,)  be  imposed  on 
Mr.  M'Kean  ?    On  the  general  question,  whether  he  was 
acting  in  violation  of  the  constitution,  it  was  argued,  that 
although  the  judges  of  the  supreme  court  of  Pennsylvania 
were  not  allowed  to  sit  in  congress,  as  members  from  that 
state,  or  in  its  executive  council  or  general  assembly,  yet 
they  were  not  excluded  from  sitting  in  the  congress,  or  coun 
cil,  senate  or  assembly,  for  any  other  state  ;  that  the  conven 
tion  never  had  either  the  power  or  inclination  to  direct  the 
governments  of  other  states,  nor  to  restrain  them  from  em 
ploying  whom  they  thought  proper,  in  their  offices  of  trust 
or  profit ;  that,  in  fine,  there  was  neither  any  law  nor  reason, 
why  a  judge  of  Pennsylvania  could  not  hold  any  office  what 
soever,  which  was  not  derived  from  the  state  of  Pennsylvania. 
Numerous  precedents  may  be  cited  in  justification  of  Mr. 
M'Kean's  conduct,  in  retaining  his  seat  in  congress.  William 
Henry  Drayton  served  in  congress  two  years,  during  which 
time  he  was  chief  justice  of  the  state  of  South  Carolina. 
William  Paca  was,  at  the  same  time,  chief  justice,  and  a 
member  of  congress  for  the  state  of  Maryland.     John  Jay 
was  chief  justice  of  New  York  during  the  time  he  was  pre 
sident  of  congress.     Samuel  Huntington,  the  predecessor  of 
Mr.  M'Kean  as  president  of  congress,  was,  during  the  whole 
time,  a  justice  of  the  supreme  court  for  Connecticut.     And 
to  crown  the  whole,  several  of  the  actual  members  of  con 
gress,  were,  at  that  time,  justices  of  the  supreme  court  in 
their  respective  states.     Hence  it  is  apparent,  that  the  mo- 


M'KEAN.  25 

lives  which  originated  the  clamour  against  the  chief  justice  of 
Pennsylvania,  were  any  thing  else  than  honest  or  patriotic. 

Independent  in  his  principles  and  conduct,  Mr.  M'Kean, 
as  chief  justice  of  Pennsylvania,  performed  the  duties  of  his 
office  with  impartiality  and   inflexibility.     During  the  pro 
gress  of  the  revolution,  Philadelphia  heing  the  seat  of  the 
general  government,  and  an  object  of  peculiar  watchfulness 
on  the  part  of  the   enemy,   the  just  performance  of  Mr. 
M'Kean's  judicial  functions  required  hot  only  the  learning 
of  the  lawyer,  but  the  unyielding  spirit  of  the  patriot.    Pro 
claiming  from  the  bench,  the  law  of  justice  and  his  country, 
with  distinguished  learning,   ability,  and  integrity,  neither 
fear  nor  power  could  bend  him  from  the  stern  line  of  duty. 
Regardless  of  the  powers  of  the  crown  of  Great  Britain,  he 
did  not  hesitate  to  hazard  his  own  life,  by  causing  to  be  pun 
ished,  even  unto  death,  those  who  were  proved  to  be  traitors 
to  their  country.     Such  was  the  miserable  fate  of  Roberts 
and    Carlisle,  the  lamented   victims   of    inflexible  justice. 
Abraham  Carlisle  was  a  carpenter  in  Philadelphia.     When 
the  British  took  possession  of  that  city,  he  received  a  com 
mission  from  sir  William  Howe,  to  watch   and  guard  the 
gates,  with  the  power  of  granting  passports.     John  Roberts 
joined  the  British  standard  at  the  same  time  ;  and  the  overt 
act  of  aiding  and  assisting  the  enemy  by  joining  their  armies, 
was  "legally  and  satisfactorily  proved."   The  trials  of  these 
unfortunate  men  took  place  in   September,  1778,  and  being 
both  convicted  of  high  treason,  they  were,  a  short  time  after 
wards,  executed. 

But  no  popular  excitement  against  individuals  accused  of 
offences  could,  in  the  slightest  degree,  divert  him  from  the 
firm  and  inflexible  discharge  of  his  public  duty.     His  deci 
sion  in  favour  of  Samuel  Chapman,  which  may  be  seen  iu 
VOL.  IV 13 


26  M'KEAN. 

the  first  volume  of  Mr.  Dallas's  reports,  evinced  the  sound 
ness  of  his  judgment,  and  the  disdain  he  felt  for  the  popular 
clamour,  excited  by  the  occasion.  Chapman  was  attainted 
of  high  treason,  in  April  term,  1781,  for  not  having  surren 
dered  himself  on  the  first  of  August,  1778,  as  required  by  a 
proclamation  issued  by  the  supreme  executive  council,  in 
pursuance  of  the  act  of  assembly,  passed  the  sixth  of  March, 
1778.  The  charge  of  the  chief  justice,  which  resulted  in  the 
acquittal  of  the  defendant,  was  learned  and  circumstantial, 
embracing  a  lucid  exposition  of  the  law,  and  exciting  the  un 
qualified  admiration  of  his  professional  brethren,  while  it 
dissatisfied  and  disappointed  those  men  of  violence  who  thirst 
ed  after  blood. 

Soon  after  his  appointment  to  the  office  of  chief  justice,  an 
incident  occurred,  evincing  in  bold  relief  the  independent 
principle  of  action  which  guided  his  judicial  career.  Twen 
ty  persons  were  confined  in  the  Free  Mason's  lodge  at  Phil 
adelphia,  on  treasonable  charges ;  and  the  popular  excitement 
against  them  was  extremely  violent.  Application  was  made 
to  the  chief  justice,  for  writs  of  habeas  corpus  in  their  behalf, 
which  were  granted.  This  act,  at  a  period  of  peculiar  pub 
lic  agitation,  created  great  dissatisfaction  among  the  more 
violent  whigs,  in  which  many  members  of  congress  partici 
pated.  So  marked,  indeed,  was  their  displeasure,  that  Mr. 
M'Kean,  esteeming  the  good  opinion  of  good  men  next  to 
the  approbation  of  a  good  conscience,  considered  himself 
called  upon  to  justify  his  proceedings,  in  a  letter  to  John 
Adams,  dated  nineteenth  September,  1777,  in  which  he  stat 
ed  the  reasons  of  his  conduct,  and  requested  Mr.  Adams,  by 
a  candid  explanation,  to  remove  the  impressions  that  had 
been  created.  The  writs  were  applied  for  in  form,  agreea 
bly  to  the  directions  of  the  English  statute,  and  the  only  an- 


M'KEAN.  27 

thority  for  tlie  confinement  of  the  prisoners,  known  to  Mr. 
M'Kean,  was  the  copy  of  a  letter  from  the  vice-president  to 
colonel  Lewis  Nicola.  His  situation,  at  the  time,  was  such 
that  he  had  not  received  a  letter,  nor  seen  a  newspaper,  from 
Philadelphia,  for  a  fortnight ;  nor  could  he  learn  any  parti 
culars  of  the  affair,  except  from  the  two  persons  who  pre 
sented  the  writs,  and  who  offered  to  him  a  pamphlet  writ 
ten  hy  the  prisoners,  stating  their  case :  this  he  refused  to 
read  or  accept,  observing  that  he  would  determine  on  the  re 
turns  to  he  made  to  the  writs,  and  nothing  else.  The  habeas 
corpus  act  formed  a  part  of  the  code  of  the  Pennsylvania 
laws,  and  has  always  and  justly  been  esteemed  the  palladi 
um  of  liberty.  Before  that  statute,  the  habeas  corpus  was 
considered  to  be  a  prerogative  writ,  and  also  a  writ  of  right 
for  the  subject ;  and,  if  the  king  and  his  whole  council  com 
mitted  any  subject,  yet,  by  the  opinion  of  all  the  judges,  in 
times  when  the  rights  of  the  people  were  not  well  ascertain 
ed,  nor  sufficiently  regarded,  a  habeas  corpus  ought  to  be  al 
lowed  and  obeyed.  And  the  distinction  was,  that  in  such 
case,  upon  the  return,  the  prisoner  was  to  be  remanded  ; 
but,  if  the  commitment  was  by  part  of  the  lords  of  the  coun 
cil,  he  was  to  be  bailed  ;  and  if  not  for  a  legal  cause,  he  was 
to  be  discharged.  By  the  statute,  all  discretionary  power 
in  the  judges  was  taken  away,  and  a  penalty  of  five  hundred 
pounds  sterling  imposed,  for  a  refusal,  in  the  vacation,  to  al 
low  the  writ :  so  that,  if  Mr.  M'Kean  had  so  soon  forgotten 
the  oath  which  he  had,  a  few  days  before,  taken,  common 
prudence  would  have  taught  him  neither  to  incur  the  forfeit 
ure  of  ten  thousand  pounds,  nor  to  subject  himself,  as  a 
judge,  to  the  just  censure  of  the  judicious  and  dispassionate; 
the  more  especially  when  no  injury  could  arise  from  return 
ing  the  writs,  and  bringing  the  parties  before  him,  (except  a 


28  M;KEAN. 

little  delay,)  the  expense  being  borne  wbolly  by  the  prison 
ers,  agreeably  to  the  statute.  Jf,  upon  the  return  of  the  pro 
cess,  he  had  shown  any  partiality  towards  the  prisoners,  or 
sought  occasion  to  favour  men  who  were  inimical  to  a  cause, 
which  he  had  espoused  with  as  much  sincerity,  and  supported 
with  as  much  zeal  as  any  individual  in  the  country,  then,  in 
deed,  he  might  have  been  deservedly  blamed  and  stigmatised  ; 
but  previous  to  this,  censure,  to  say  no  more,  was  premature, 
and  injudiciously  bestowed.  "  Fiat  justitia  mat  coelum," 
he  remarks,  "  is  a  sentiment  which  pleases  me  ;  and  faith 
ful  judges  ought  not  to  be  subjected  to  unnecessary  difficul 
ties." 

His  firmness  in  the  execution  of  the  laws  is  exemplified 
by  another  striking  example.  In  1778,  he  issued  a  warrant 
against  colonel  Robert  L.  Hooper,  a  deputy  quarter  master, 
charging  him  with  having  libelled  the  magistrates  of  Penn 
sylvania,  in  a  letter  to  Gouverneur  Morris,  and  directing  the 
sheriff  of  Northampton  county  to  bring  him  before  him  at 
Yorktown.  Colonel  Hooper  waited  on  general  Greene,  then 
quarter  master  general,  to  inquire  whether  the  circum 
stances  of  the  army  would  admit  of  his  absence.  General 
Greene,  in  a  letter  to  Mr.  M'Kean,  dated  Camp,  Valley 
Forge,  third  June,  1778,  observed,  among  other  things  rela 
tive  to  the  subject,  that,  as  the  army  was  just  on  the  wing, 
he  could  not,  without  great  necessity,  "  consent"  to  colonel 
Hooper's  being  absent,  as  there  was  no  other  person  who 
could  give  the  necessary  aid  on  that  occasion  ;  and  he  re 
quested,  that  Hooper  might  enter  into  a  recognizance,  with 
ample  sureties  to  appear  at  any  court  where  he  was  legally 
answerable.  This  direct  interference  of  the  military  with 
the  civil  authority,  roused  the  official  spirit  of  the  chief  jus 
tice,  and  occasioned  the  following  severe,  but  just  answer, 
written  at  Yorktown.  and  dated  on  the  ninth  of  June: 


M'KEAN.  29 

«  Sir — I  liave  just  now  received  your  favour  of  the  third 
instant,  and  am  not  a  little  surprised  that  the  sheriff  of 
Northampton  county  should  have  permitted  colonel  Robert 
L.  Hooper,  after  he  was  arrested  by  virtue  of  my  precept,  to 
wait  upon  you,  until  he  had  appeared  before  me. 

"You  say,  sir,  <  colonel  Hooper  waited  upon  me  to  com 
municate  his  situation,  and  to  know  if  the  circumstances  of 
the  army  would  admit  of  his  absence  ;  but  as  the  army  is 
just  upon  the  wing,  and  part  of  it  will,  in  all  probability, 
march  through  his  district,  I  could  not,  without  great  neces 
sity,  consent  to  his  being  absent,  as  there  is  no  other  person 
that  can  give  the  necessary  aid  upon  this  occasion.' 

u  I  do  not  think,  sir,  that  the  absence,  sickness,  or  even 
death,  of  Mr.  Hooper,  could  be  attended  with  such  a  conse 
quence  that  no  other  person  could  be  found,  who  could  give 
the  necessary  aid  upon  this  occasion  :  but,  what  attracts  my 
attention  the  most,  is  your  observation  that  you  cannot, 
•without  great  necessity,  consent  to  his  being  absent.  As  to 
that,  sir,  I  shall  not  ask  your  consent,  nor  that  of  any  other 
person,  in  or  out  of  the  army,  whether  my  precept  shall 
be  obeyed  or  not,  in  Pennsylvania. 

*•  The  warrant  for  the  arrest  of  Mr.  Hooper  being  special, 
no  other  magistrate  can  take  cognizance  thereof  but  myself. 
The  mode  you  propose,  of  giving  bail,  cannot  be  adopted, 
for  many  reasons. 

"I  should  be  very  sorry  to  find  that  the  execution  of  cri 
minal  law  should  impede  the  operations  of  the  army,  in  any 
instance;  but  much  more  so,  to  find  the  latter  impede  the 
former.  I  am,  &c." 

There  is  a  strain  of  inflexible  firmness,  and  unshrinking 
dignity,  pervading  this  letter,  admirably  illustrative  of  the 
whole  course  of  his  judicial  conduct. 


30  M'KEAN. 

Mr.   M'Kean  industriously  devoted   himself  to  the  dis 
charge  of  the  duties  of  chief  justice  until  the  year  1799,  when 
he  was  elected  governor  of  the  commonwealth  of  Pennsylva 
nia.     In  all  the  qualifications  of  the  judge,  it  may,  without 
hesitation,  be  said,  that  he  had  few  equals  in  this,  or  any 
other   country.     The  dignity  which  the  supreme  court  of 
Pennsylvania  preserved,  and  the  reverence  which  it  inspired, 
while  he  presided  over  it,  are  still  spoken  of  in  high  terms 
by  those  who  rememher  it,  and  his  judicial  opinions,  at  a  pe 
riod  when  the   law  of  the  state  was  unsettled,   and  when  a 
master  mind  was  requisite  to  reduce  it  to  a  system,  have 
established  for  him  the  reputation  of  being  one  of  the  ablest 
lawyers  of  his  country.     His  memory  is,  to  the  present  day, 
held  in  profound  respect  and  veneration,  in  the  courts  of  jus 
tice,  and  successive  judges  have,  by  their  unvarying  testi 
mony,  given  unfading  lustre  to  his  judicial  fame.     **  Chief 
justice  M'Kean,"  observes  a  late  judge  of  the  supreme  court 
of  Pennsylvania,  "  was  a  great  man  :  his  merit  in  the  profes 
sion  of  the  law,  and  as  a  judge,  has  never  been  sufficiently 
appreciated.     It  is  only  since  I  have  been  upon  the  bench, 
that  I  have  been  able  to  conceive  a  just  idea  of  the  greatness 
of  his  merit.  His  legal  learning  was  profound  and  accurate; 
but,  in  the  words  of  the  poet, 

Materiam  superabat  opus ; 

The  lucidity  of  his  explication,  and  the  perspicuity  of  his 
language,  which  is  the  first  excellence  in  the  communication 
of  ideas,  was  perfect ;  but  I  never  saw  equalled,  his  dignity  of 
manner  in  delivering  a  charge  to  a  jury,  or  on  a  law  argu 
ment,  to  the  bar.  But  what  is  still  more,  his  comprehension 
of  mind  in  taking  notes,  so  as  to  embrace  the  substance,  and 
yet  omit  nothing  material,  has  appeared  to  me  inimitable." 


M'KEAN.  31 

The  attempt  to  impeach  the  conduct  of  Mr  M'Kean,  as  chief 
justice,  in  1788,  requires  particular  explanation.  Eleazer 
Oswald,  editor  of  the  Independent  Gazetteer,  published  an 
address  to  the  public,  manifestly  tending  to  interrupt  the 
course  of  justice,  and  attempting  to  prejudice  the  minds  of 
the  people,  in  a  cause  then  depending,  in  which  he  was  de 
fendant  ;  and  by  that  means,  striving  to  defeat  the  plaintiff's 
claim  to  justice,  and  to  stigmatise  the  judges  whose  duty  it 
was  to  administer  the  laws.  For  this  contempt  of  court,  as 
it  was  determined  by  the  unanimous  opinion  of  the  four 
judges,  he  was  sentenced  by  the  court  to  pay  a  fine  of  ten 
pounds  to  the  commonwealth,  and  to  "  be  imprisoned  for  the 
space  of  one  month,  that  is,  from  the  fifteenth  day  of  July 
to  the  fifteenth  day  of  August. "  The  sentence,  on  the  point 
of  imprisonment,  was  entered  on  the  record,  "for  the  space 
of  one  month,"  without  taking  notice  of  the  explanatory 
words  used  by  the  court :  {"from  the  fifteenth  day  of  July 
to  the  fifteenth  day  of  August."}  At  the  expiration  of  the 
legal  month,  (twenty -eight-days,}  Mr.  Oswald  demanded  his 
discharge  ;  but  with  this,  the  sheriff,  who  had  heard  the  sen 
tence  pronounced,  refused  to  comply,  until  he  had  consulted 
the  chief  justice.  Mr.  M'Kean,  remembering  the  meaning 
and  words  of  the  court,  told  this  officer  at  first,  that  he  was 
bound  to  detain  his  prisoner  till  the  morning  of  the  fifteenth 
of  August :  but  having  shortly  alterwards  examined  the  re 
cord,  he  wrote  to  the  sheriff,  that  Mr.  Oswald,  agreeably  to 
the  entry  there,  was  entitled  to  his  discharge. 

On  the  fifth  of  Septemoer,  1788,  Mr.  Oswald  presented  a 
memorial  to  the  general  assembly,  in  which  he  stated  the 
proceedings  against  him,  complained  of  the  decision  of  the 
court,  and  of  the  direction  of  the  chief  justice  to  the  sheriff, 
by  which,  he  alleged,  his  confinement  had  afterwards  been 


32  M'KEAN. 

illegally  protracted.     He,  finally,  called  upon  the  house  to 
determine  "  whether  the  judges  did  not  infringe  the  constitu 
tion  in  direct  terms,  in  the  sentence  they  had  pronounced  ; 
arid  whether,  of  course,  they  had  not  made  themselves  proper 
objects  of  impeachment."     The  assembly  resolved  itself  into 
a  committee  of  the  whole,  to  hear  the  evidence  in  support  of 
the  charges  exhibited ;  and  three  days  were  consumed  in  the 
examination  of  witnesses.     William  Lewis,  as  a  member  of 
the  house,  then  delivered  an  elaborate  argument,  in  vindica 
tion  of  the  conduct  of  the  judges  ;  and,  after  a  long,  learned, 
and  eloquent  speech,  concluded  by  observing,  that,  upon  the 
whole,  the  only  grounds  of  impeachment  were  bribery,  cor 
ruption,  gross  partiality,  or  wilful  and  arbitrary  oppression; 
and  as  none  of  these  had  been  proved,  Mr.  Oswald's  memo 
rial  ought  to  be  dismissed  ;  that  it  would  be  preferable  to  re 
turn  to  a  state  of  nature,  than  to  live  in  a  state  of  society 
upon   the   terms   which  that  memorial   presented  ; — terms, 
which  left  the  weak  and  the  innocent  a  prey  to  the  powerful 
and  the  wicked  ;  and  which  gave  to  falsehood  and  licentious 
ness,  all  that  was  due  to  freedom  and  to  truth.     Mr.  Findley 
next  rose,  and  delivered  his  sentiments  with  ability  and  pre 
cision,  in  opposition  to  Mr.  Lewis's  argument.     When  he 
had  concluded,  Mr.  Fitzsimmons  submitted   the   following 
resolution : 

"Resolved,  That  this  house,  having,  in  a  committee  of  the 
whole,  gone  into  a  full  examination  of  the  charges  exhibited 
by  Eleazer  Oswald,  of  arbitrary  and  oppressive  proceedings 
in  the  justices  of  the  supreme  court  against  the  said  Eleazer 
Oswald,  are  of  opinion,  that  the  charges  are  unsupported  by 
the  testimony  adduced,  and,  consequently,  that  there  is  no 
just  cause  for  impeaching  the  said  justices." 

The  proposition  contained  in  this  resolution,  gave  rise  to  a 
short,  but  animated  conversation.  On  the  one  hand  it  was 


. 

M'KEAN.  33 

said,  that,  in  admitting  that  there  was  no  ground  of  impeach 
ment,  it  was  not  intended  to  concede  that  the  facts  represented 
in  the  memorial  had  not  been  proved  :  and,  on  the  other  hand, 
it  was  answered,  that  if  there  had  been  proof  that  the  memo 
rialist,  according  to  the  complaint,  "was  immured  in  prison, 
without  even  the  shadow  of  a  trial,  for  an  imaginary  offence," 
it  would  have  been  the  indispensable  duty  of  the  legislature 
to  vote  for  an  impeachment.  A  compromise,  at  length,  took 
place,  and  the  committee  of  the  whole  agreed  to  report  the 
following  resolution  : 

"  Resolved,  That  the  charges  exhibited  by  Mr.  Eleazer 
Oswald  against  the  justices  of  the  supreme  court,  and  the 
testimony  given  in  support  of  them,  are  not  a  sufficient 
ground  for  impeachment." 

But,  when  this  report  was  called  up  for  the  decision  of  the 
house,  it  was  postponed,  (and  consequently  lost,)  on  motion 
of  Mr.  Clymer,  in  order  to  introduce  the  resolution  originally 
proposed  by  Mr.  Fitzsimmons  in  the  committee.  Mr.  Findley 
then  claimed  the  attention  of  the  members,  and  presented  the 
following  resolutions  to  the  chair,  to  supersede  Mr.  Clymer's 
motion  : 

"Resolved,  That  the  proceedings  of  the  supreme  court 
against  Mr.  Eleazer  Oswald,  in  punishing  him  by  fine  and 
imprisonment,  at  their  discretion,  for  a  constructive  or  im 
plied  contempt,  not  committed  in  the  presence  of  the  court, 
nor  against  any  officer,  or  order,  thereof,  but  for  writing  and 
publishing  improperly,  or  indecently,  respecting  a  cause  de 
pending  before  the  supreme  court,  and  respecting  some  of  the 
judges  of  said  court,  was  an  unconstitutional  exercise  of 
judicial  power,  and  sets  an  alarming  precedent,  of  the  most 
dangerous  consequence,  to  the  citizens  of  this  common 
wealth." 

VOL.  IV.— E 


34  M'KEAN. 

"Resolved,  That  it  be  specially  recommended  to  the  ensu 
ing  general  assembly,  to  define  the  nature  and  extent  of  con 
tempts,  and  direct  their  punishment." 

An  interesting  debate  arose  upon  these  resolutions.  Mr. 
Findley  ably  supported  his  propositions  upon  the  spirit  of 
the  constitution,  and  the  expediency  of  the  thing  itself.  But, 
it  was  satisfactorily  answered  by  Mr.  Lewis  ;  first,  That  the 
legislative  power  is  confined  to  making  the  law,  and  cannot 
interfere  in  the  interpretation  ;  which  is  the  natural  and  ex 
clusive  province  of  the  judicial  branch  of  the  government ; 
and,  secondly,  That  the  recommendation  to  the  succeeding 
assembly  would  be  nugatory;  for  the  courts  of  justice  derive 
their  powers  from  the  constitution,  a  source  paramount  to  the 
legislature  ;  and,  consequently,  what  is  given  to  them  by  the 
former  cannot  be  taken  from  them  by  the  latter. 

Mr.  Findley's  motions  were  lost  by  a  considerable  ma 
jority ;  and  at  length,  Mr.  Fitzsimmons's  original  resolution, 
revived  by  Mr.  Clymer,  was  adopted  by  the  house,  and  the 
memorial,  of  course,  rejected. 

In  pronouncing  the  judgment  of  the  court  in  the  case  of 
Oswald,  chief  justice  M'Kean  made  the  following  remarks: 
"  Some  doubts  were  suggested  whether  even  a  contempt  of 
the  court  was  punishable  by  attachment:  not  only  my  bre 
thren  and  myself,  but  likewise  all  the  judges  of  England, 
think,  that  without  this  power,  no  court  could  possibly  exist; 
nay,  that  no  contempt  could,  indeed,  be  committed  against 
us,  we  should  be  so  truly  contemptible.  The  law  upon  the 
subject  is  of  immemorial  antiquity;  and  there  is  not  any 
period  when  it  can  be  said  to  have  ceased,  or  discontinued. 
On  this  point,  therefore,  we  entertain  no  doubt."  These 
observations  have  since  been  repeatedly  quoted  as  conclusive 
on  the  subject  of  contempts ;  and  were  cited,  with  approba- 


M'KEAN.  35 

tion,  in  the  famous  debate,  a  few  years  ago,  in  the  case  of 
John  Anderson,  in  the  house  of  representatives  of  the  United 
States. 

Mr.  M'Kean  was  a  memher  of  the  convention  of  Pennsyl 
vania,  which  ratified  the  constitution  of  the  United  States. 
Delegated  from  the  city  of  Philadelphia,  he  attended  its  first 
meeting  on  the  twentieth  of  November,  1787.  On  the  twenty- 
third,  Mr.  M'Kean,  who,  with  Mr.  Wilson,  took  the  lead  in 
the  proceedings,  moved  that  the  constitution,  as  proposed  by 
the  late  federal  convention,  be  read  ;  and  on  the  twenty-sixth, 
the  convention  having  been  properly  organised,  and  the  pre 
liminary  arrangements  concluded,  he  opened  the  important 
and  unprecedented  subject  by  a  short  speech,  concluding 
with  the  motion,  "That  this  convention  do  assent  to,  and 
ratify,  the  constitution  agreed  to  on  the  seventeenth  of  Sep 
tember  last,  by  the  convention  of  the  United  States  of  Ame 
rica,  held  at  Philadelphia."  The  long  and  eloquent  speech 
delivered  by  him  on  the  eleventh  of  December,  embraced  a 
clear  and  comprehensive  view  of  the  whole  subject.  He 
unfolded,  in  a  masterly  manner,  the  principles  of  free  govern 
ment;  demonstrated  the  superior  advantages  of  the  federal 
constitution ;  and  satisfactorily  answered  every  objection 
which  had  been  suggested.  Arranging  these  objections 
under  ten  distinct  heads,  he  considered  them  singly,  and 
delivered  his  refutation  of  them  in  a  lucid  and  forcible  man 
ner.  He  concluded  this  powerful  argument  in  these  words: 
"  The  objections  to  this  constitution  having  been  answered, 
and  all  done  away,  it  remains  pure  and  unhurt;  and  this 
alone  is  a  forcible  argument  of  its  goodness.  I  am  sure,  Mr. 
president,  that  nothing  can  prevail  with  me  to  give  my  vote 
for  ratifying  it,  but  a  conviction,  from  comparing  the  argu 
ments  on  both  sides,  that  the  not  doing  it  is  liable  to  more 
inconvenience  and  dangqr  than  the  doing  it. 


36  M'KEAN. 

"I.  If  you  do  it,  you  strengthen  the  government  and  peo 
ple  of  these  United  States,  and  will  thereby  have  the  wisdom 
and  assistance  of  all  the  states. 

"II.  You  will  settle,  establish,  and  firmly  perpetuate,  our 
independence,  by  destroying  the  vain  hopes  of  all  its  enemies, 
both  at  home  and  abroad. 

"  III.  You  will  encourage  your  allies  to  join  with  you ; 
nay,  to  depend,  that  what  has  been  stipulated  or  shall  here 
after  be  stipulated  and  agreed  upon,  will  be  punctually  per 
formed  ;  and  other  nations  will  be  induced  to  enter  into  treaties 
with  you. 

"IV.  It  will  have  a  tendency  to  break  our  parties  and 
divisions,  and  by  that  means,  lay  a  firm  and  solid  foundation 
for  the  future  tranquillity  and  happiness  of  the  United  States 
in  general,  and  of  this  state  in  particular. 

"V.  It  will  invigorate  your  commerce,  and  encourage 
ship  building. 

"VI.  It  will  have  a  tendency,  not  only  to  prevent  any 
other  nation  from  making  war  upon  you,  but  from  offering 
you  any  wrong  or  even  insult. 

"In  short,  the  advantages  that  must  result  from  it,  are 
obviously  so  numerous  and  important,  and  have  been  so  fully 
and  ably  pointed  out  by  others,  that  it  appears  to  be  unneces 
sary  to  enlarge  on  this  head. 

"The  law,  sir,  has  been  my  study  from  my  infancy,  and 
my  only  profession.  I  have  gone  through  the  circle  of  office, 
in  the  legislative,  executive,  and  judicial,  departments  of  go 
vernment  ;  and  from  all  my  study,  observation,  and  expe 
rience,  I  must  declare,  that  from  a  full  examination  and  due 
consideration  of  this  system,  it  appears  to  me  the  best  the 
world  has  yet  seen. 

"I  congratulate  you  on  the  fair  prospect  of  its  being 
adopted,  and  am  happy  in  the  expectation  of  seeing  accom- 


M'KEAN.  37 

plished,  what  has  been  long  my  ardent  wish, — that  you  will 
hereafter  have  a  salutary  permanency  in  magistracy,  and 
stability  in  the  laws." 

Although  Mr.  M'Kean  was  not  a  memher  of  the  conven 
tion  which  framed  the  federal  constitution,  he  was  neither  in 
attentive  nor  inactive,  with  regard  to  its  proceedings.  From 
the  characters  of  the  delegates,  a  great  proportion  of  whom 
had  heen  memhers  of  the  revolutionary  congress,  in  1774, 
1775,  1776,  or  1777,  he  entertained  strong  hopes  that  public 
utility  would  be  derived  from  their  deliberations.  "  But,"  he 
remarks,  "the  present  popular  opinion  is,  that  we  should  be 
very  jealous  of  conferring  power  on  any  man,  or  body  of  men. 
Indeed,  we  seem  afraid  to  enable  any  one  to  do  good,  lest  he 
should  do  evil."  He  was  long  an  advocate  for  the  just  rights 
of  the  smaller,  against  the  overbearing  influence  and  power 
of  the  larger,  states.  A  vote  by  states  was  insisted  upon  by 
him  in  the  first  congress  of  1765,  and  in  that  held  in  Phila 
delphia,  in  1774;  and  the  concession  was  then  made  by  the 
other  states.  At  the  meeting  of  the  federal  convention,  he 
delivered  to  the  delegates  from  Delaware,  notes  of  the  argu 
ments  used  on  those  occasions,  and  at  the  same  time  offered, 
in  private,  his  reasons  in  support  of  the  security  of  the  smaller 
states,  to  many  members  who  represented  the  larger.  His 
influence  prevailed  ;  and  the  result  was  the  compromise  which 
pervades  the  present  system. 

The  amendment  of  the  constitution  of  the  state  of  Pennsyl 
vania  was  an  object  of  high  importance  and  general  interest. 
"Perhaps  a  more  singular  contrivance  to  produce  precipita 
tion  and  incaution  in  that  department,  where  deliberation  was 
a  duty,  and  to  generate  slowness  and  irresolution,  when  vigour, 
promptitude,  and  secrecy,  were  required,  was  never  exhibited 
than  in  this  constitution."'  A  single  legislature,  without  check 


38  M'KEAN. 

or  control,  possessing  a  power  of  hastily  passing  the  most 
important  laws,  restrained  only  by  the  necessity  of  publishing 
the  bill,  for  the  consideration  of  their  constituents,  yet  with 
out  being  required  to  wait  any  length  of  time  to  obtain  a 
knowledge  of  their  opinions  on  it;  an  executive  council,  com 
posed  of  a  member  from  every  county,  multiplying  as  the 
number  of  counties  increased ;  a  septennial  judicature,  and 
an  inefficient  council  of  censors,  who  were  to  revise  the  pro 
ceedings  of  the  legislature,  without  the  power  to  repeal  what 
they  saw  the  strongest  reasons  to  condemn,  formed  some  of 
the  features  of  this  extraordinary  frame  of  government.  To 
relieve  the  people  of  Pennsylvania  from  the  operation  of  such 
a  system,  had  long  been  an  object  of  solicitude.  But  it  had 
many  friends.  As  a  product  of  the  revolution,  to  approve  it 
was  sometimes  considered  as  a  test  of  political  rectitude. 
The  name  of  Franklin  was  used  to  recommend  it  to  popular 
favour,  although  it  was  believed  by  many,  that  his  placid  ac 
quiescence,  together  with  some  sportive  effusions  in  answer 
to  objections  raised  against  it,  was  the  greatest  extent  of  the 
patriarch's  exertions  in  its  favour.  It  was,  also,  asserted 
that  its  opponents  aimed  at  aristocratical  innovation,  not  un- 
tinctured  with  the  spirit  of  monarchy.  On  this  subject,  Mr. 
M'Kean  formed  an  early  opinion ;  and  in  a  letter  to  John 
Adams,  dated  thirtieth  April,  1787,  he  made  the  folio  wing  re 
marks:  "The  balance  of  the  one,  the  few,  and  the  many,  is 
not  well  poised  in  this  state:  the  legislature  is  too  powerful 
for  the  executive  and  judicial  branches  of  government ;  be 
sides,  it  can  too  easily  make  laws,  and  too  easily  alter  or  re 
peal  them.  We  have  but  one  branch  in  our  legislature,  and 
are  divided  into  two  parties,  called  by  the  names  of  republi 
cans  and  constitutionalists ;  and  they  are  yet  pretty  nearly 
equal  in  numbers  and  merit.  We  must  have  another  branch, 


M'KEAN.  39 

and  a  negative  in  the  executive,  stability  in  our  laws,  and 
permanency  in  our  magistracy,  before  we  shall  be  reputable, 
safe  and  happy."  But  he  wras  opposed  to  any  other  than 
necessary  alterations.  " In  general,"  said  he,  "I  dislike  in 
novations,  especially  in  the  administration  of  justice ;  and  I 
would  avoid  tampering  with  constitutions  of  government  as 
with  edge-tools." 

At  length,  in  1788,  a  majority  of  the  legislature  was  se 
cured  in  favour  of  calling  a  convention,  not  openly  to  make 
a  new  constitution,  but  to  consider  in  what  respects  the  old 
one  required  alteration  and  amendment.  At  the  election  in 
1789,  Mr.  M'Kean  was  appointed  a  delegate  to  this  conven 
tion,  from  the  city  of  Philadelphia.  It  commenced  on  Tues 
day,  the  twenty-fourth  of  November,  1789,  on  which  day  the 
honourable  Thomas  Mifflin  was  elected  president.  Com 
posed  of  the  first  talents  that  Pennsylvania  afforded,  Mr. 
M'Kean  rendered  himself  conspicuous  in  its  proceedings,  and 
the  force  of  his  knowledge  and  opinions  was  felt,  and  justly 
appreciated. 

"  The  mere  reformation  of  the  old  constitution  was  aban 
doned  as  hopeless,  but  in  the  composition  of  a  new  one,  some 
variety  of  opinion  was  manifested:  democratic  inclinations 
prevailed  with  one  party,  while  the  other  sought,  in  the  es 
tablishment  of  a  firm  and  active  executive,  in  an  independent 
judiciary,  in  a  legislature  of  two  branches,  and  in  most  care 
fully  prescribing  the  limits  of  each,  and  preventing  encroach 
ments  on  the  functions  of  others,  not  to  establish  an  aristo 
cracy,  but  to  secure  a  self-balanced  government,  possessing 
the  united  properties  of  cautious  deliberation,  energetic  ac 
tion,  and  uninfluenced  decision."  Although  the  almost  unli 
mited  right  of  suffrage  contained  in  it  is  by  many  deemed  a 
blemish,  the  constitution  that  was  finally  adopted  may  be 


40  M'KEAN. 

considered  as  an  admirable  model,  as  a  careful  discrimination 
in  practice,  and  a  sound  delineation  in  principle,  of  a  repre 
sentative  republic,  securing  force  to  the  government,  and 
freedom  to  the  people. 

Mr.  M'Kean  was  actively  employed,  during  the  first  week 
of  the  sitting,  in  forming  the  preliminary  arrangements  of  the 
convention.  On  the  first  of  December,  when  that  body  resolv 
ed  itself  into  a  committee  of  the  whole,  "to  take  into  consi 
deration  whether,  and  wherein,  the  constitution  of  the  state  re 
quired  alteration  or  amendment,"  he  was  appointed  chairman. 
The  subject  of  the  constitution  was,  throughout  the  session  of 
the  convention,  principally  discussed  in  the  committee,  over 
which  he  presided:  hence  he  was  precluded  from  taking  that 
active  part  in  the  debates,  which  he  would,  otherwise,  have 
probably  done.  It  appears,  however,  that  while  on  the  floor, 
his  attention  was  greatly  devoted  to  the  measures  in  agitation, 
and  that  he  engaged  with  spirit  in  the  deliberations  of  the  con 
vention.  It  is  worthy  of  particular  notice,  that  the  provision 
"  for  the  establishment  of  schools  throughout  the  state,  in 
such  manner  that  the  poor  may  he  taught  gratis,"  was  made 
on  the  proposition  of  Mr.  M'Kean.  On  his  retirement  from 
the  chair,  it  was  unanimously  resolved,  on  the  twenty-ninth 
of  January,  1790,  "that  the  thanks  of  the  committee  be 
given  to  the  honourable  Mr.  M'Kean,  for  his  able  and  impar 
tial  conduct,  while  chairman  thereof. 

In  1799,  Mr.  M'Kean  was  elected  governor  of  Pennsylva 
nia.  His  election  was  the  result  of  a'warm  conflict  between  the 
two  great  parties  which  were  then  assuming  those  distinct 
political  ranks,  into  which,  for  many  years,  the  people  of  our 
country  continued  to  be  divided.  It  is  unnecessary  to  specify 
the  political  changes  and  occurrences  preparatory  to,  and 
causing,  his  election  in  preference  to  his  able  and  distinguish- 


M'KEAN.  41 

ed  competitor — James  Ross.  -His  success,  through  what  was 
termed  "the  momentum  of  Pennsylvania  politics,"  paved  the 
way  for  the  accession  of  Mr.  Jefferson  to  the  presidency ;  and 
during  the  whole  period  of  that  gentleman's  administration, 
the  weight  of  Mr.  M'Kean's  opinions  and  conduct  was  direct 
ed  to  the  upholding  of  the  principles  which  marked  the  policy 
of  the  general  government. 

On  the  sixth  of  November,  1799,  at  a  town  meeting  held  in 
Philadelphia,  an  address  to  the  governor-elect  was  prepared 
and  adopted,  congratulating  him  on  his  election,  as  the  very 
principles  of  republicanism  were  involved  in  the  issue.  "In 
an  integrity,"  it  said,  "  which  lias  stood  the  test  of  half  a  cen 
tury,  and  in  a  firmness  that  neither  cabal  nor  faction  has  been 
able  to  shake,  and  in  principles  which  stood  unmoved  amid 
the  trials  and  perils  of  a  revolution,  we  cannot  but  rely  with 
confidence.'*  "  On  you,,  sir,  not  only  the  eyes  of  republican 
Pennsylvania,  but  the  eyes  of  the  republicans  throughout  the 
union  are  fixed ;  on  you  a  momentous  trust  has  devolved, 
which  engages  all  their  attention  and  affections,  and  it  is  with 
pride,  with  honest  pride,  we  avow  our  confidence,  that  the 
chief-magistrate  of  Pennsylvania  will  exhibit  to  the  United 
States  an  illustrious  example."  To  this  address,  Mr.  M'Kean 
replied  by  stating  the  sincere  pleasure  which  it  afforded 
him,  and  tendering  his  thanks  for  the  favourable  opinion, 
and  kind  expressions,  it  contained.  He  trusted,  that  under 
his  administration,  their  happy  system  of  government,  raised 
on  the  sole  authority  of  the  people,  would,  by  the  favour  of 
God,  be  continued  inviolate ;  and  that  neither  foreign  nor  do 
mestic  enemies,  neither  intrigue,  menace,  nor  seductions, 
should  prevail  against  it.  "The  constitution  of  the  United 
States,  and  of  Pennsylvania,"  said  he,  "shall  be  the  rule  of  my 
government ;  the  security  of  persons,  property,  liberty,  and 
VOL.  IV — F 


42  M'KEAN. 

reputation,  my  chiefest  care;  and  my  best  endeavours  shall 
be  exerted  to  fulfil  all  your  reasonable  and  just  expectations." 

That  the  duty  which  he  was  now  called  upon  to  perform 
was  extremely  arduous,  may  be  inferred  from  the  following 
extract  of  his  letter  to  John  Dickinson,  dated  twenty-third 
June  1800:  "Though  my  situation  in  life  is  changed,  my 
cares  remain:  I  have  never  had  greater  employment  for  body 
and  mind,  than  for  the  last  six  months,  unless  when  I  was 
president  of  congress.  I  have  waded  through  a  sea  of  trou 
bles,  and  surmounted  my  principal  difficulties.  I  have  been 
obliged,  (though  no  Hercules,)  to  cleanse  the  Jlugean  stable, 
with  little  or  no  aid  ;  for  I  am  my  own  minister  and  aman 
uensis.  In  about  a  fortnight  more,  I  expect  calm  seas  and 
gentle  breezes,  if  the  intrigues  and  corruptions  of  British  ru 
lers  do  not  create  a  new  agitation  of  the  waves  and  winds,  A 
governor  of  Pennsylvania  has  more  duty  to  perform  than  the 
president  of  the  United  States,  or  any  governor  in  the  union." 

It  is  the  paramount  duty  of  the  biographer,  to  "nothing 
extenuate  nor  set  down  aught  in  malice;"  to  act  justly,  though 
ruin  should  ensue.  Without  the  guidance  of  this  principle, 
he  is  misleading,  instead  of  instructing ;  he  is  portraying  a 
fictitious,  instead  of  a  real  character;  and  every  defect  which 
he  conceals,  or  every  ornament  which  he  amplifies,  virtually 
involves  a  falsehood.  His  course  is  open  and  direct:  he  must 
neither  turn  to  the  one  side,  to  gratify,national  or  family  feel 
ing;  nor  to  the  other,  to  indulge  in  private  ^opinions  or  pre 
judices.  Uninfluenced  by  personal  motives,  either  of  fear  or 
affection,  he  ought  to  consider  his  subject  as  attached  to  this 
world  only  in  memory,  and  alike  amenable  to  the  voice  of 
posterity,  whether  his  deeds  be  good  or  evil.  It  is,  then, 
with  strict  impartiality,  that  allusion  is  made  to  the  party  as 
perity  which  marked,  in  particular,  the  period  at  which  Mr. 


M'KEAN.  43 

M'Kean's  administration  commenced.  The  principle  of  re 
moving  from  office  all  those  of  opposite  political  views,  whe 
ther  their  station  he  high  or  low,  and  however  well  qualified, 
honest,  and  active,  they  may  he,  may  he  founded  in  party  po 
licy,  hut  not  in  justice.  Patriotic  motives  can  have  no  agency 
in  loading  with  reproach,  and  detruding  from  office,  upright, 
and  (according  to  their  views)  honest,  politicians  of  a  parti 
cular  party,  as  men  unworthy  to  partake  of  the  honours,  or 
even  to  eat  the  hread  of  their  country.  The  triumph  of  party 
is  every  where  the  same ;  and  every  where  it  is  indulged 
beyond  the  boundaries  of  natural  justice,  and  in  a  manner 
more  or  less  despotic  and  vindictive,  according  to  the  precur 
sory  excitement,  and  the  obstacles  in  the  way  of  success* 
But  without  particularising,  when  the  power  of  parties  un 
dergoes  a  revolution,  whereby  the  weakest  becomes  the 
strongest,  is  that  change,  of  itself,  a  sufficient  and  equitable 
cause  for  indiscriminately  involving  the  whole  of  the  defeated 
party  in  one  general  proscription?  On  such  occasions,  are 
the  possessions  of  the  vanquished,  however  honourably  ac 
quired  and  honestly  maintained,  to  be,  in  the  true  spirit  of  the 
feudal  system,  inexorably  parcelled  out  among  the  champions 
of  the  victorious  leader?  As,  among  the  holders  of  office,  in 
the  words  of  a  celebrated  character,  "  few  die,  and  none  re 
sign,"  is  nothing  left  but  to  cashier  them?  And  what  sophis 
try  can  attempt  to  justify  acts  by  which  helpless  families  are 
at  once  reduced  to  indigence,  stripped  of  their  subsistence,  and 
driven  from  their  homes,  not  because  the  heads  of  them  have 
not  faithfully  and  honestly  discharged  the  duties  of  their  trusts, 
but  because  they  do  not  hold  precisely  the  same  political  sen 
timents  with  the  new  party  in  power ;  however  they  may,  at 
the  same  time,  accord  in  the  broad  principles  of  national  li 
berty,  and  love  of  rountrv. 


44  M'KEAN. 

The  general  truth  of  these  observations  will  probably  not 
be  denied  by  any  one,  and  the  following  remarks  of  Mr. 
M'Kean  to  Mr.  Jefferson  contain  no  apology,  and  profess  to 
contain  no  reason  for  the  removal  from  office,  without  dis 
tinction,  of  those,  who  served  under  previous  administra 
tions;  indeed,  we  find  that,  severe  as  his  detrusions  were, 
they  were  not,  at  the  same  time,  indiscriminate.  They  who 
will  not  acquiesce  in  the  justice  .of  censure  on  his  conduct 
upon  this  occasion,  may,  with  much  plausibility,  be  disposed 
to  urge  that,  if  at  the  commencement  of  his  administration, 
he  found  in  office  men  that  had  been  distinguished,  in  the 
previous  contest,  by  intemperate  and  bitter  hostility  towards 
him  and  his  friends,  it  might  have  been  honestly  considered 
as  indispensable  to  the  smooth,  just,  and  efficient  operation 
of  the  wheels  of  government,  and  as  a  mark  of  proper  re 
spect  for  the  clearly  expressed  will  of  the  people,  whose 
sovereignty  he  acknowledged,  that  he  should  supply  those 
offices  with  others,  who,  instead  of  counteracting  and  embar 
rassing  the  efforts  of  his  administration,  would  promote  and 
assist  his  endeavours  to  discharge  his  important  official  duties. 
And  the  force  of  this  reasoning  is  not  diminished,  by  the 
knowledge  of  the  fact,  that  after  his  administration  became 
once  settled  on  a  firm  basis,  he  exhibited  the  same  determina 
tion  in  selecting  men  distinguished  for  their  merit,  without 
regard  to  party  politics,  as  he  had  displayed,  in  times  of  high 
party  excitement,  in  preferring  political  friends  to  political 
enemies.  This  spirit  was  illustrated  in  a  particular  manner, 
in  many  judicial  appointments,  and  especially  in  twice  choos 
ing  for  the  dignified  station  of  chief  justice  of  the  state,  gen 
tlemen  whose  political  feelings  and  associations  were  adverse 
to  his  own,  but  whose  professional  and  personal  characters 
rendered  them  worthy  of  elevated  public  trusts. 


M'KEAN.  45 

In  a  letter  to  Mr.  Jefferson,  dated  tenth  January,  1801, 
alluding  to  his  removal  of  many  political  opponents  from 
office  at  the  time  of  his  being  chosen  governor,  he  observes, 
"It  is,  at  least,  imprudent  to  foster  spies  continually  about 
oneself.  I  am  only  sorry  that  I  did  not  displace  ten  or  eleven 
more ;  for  it  is  not  right  to  put  a  dagger  in  the  hands  of  an 
assassin."  On  the  twentieth  of  July,v.1801,  he  addressed  the 
president  of  the  United  States,  avowedly  as  the  agent  of  cer 
tain  members  of  the  ruling  party,  in  Delaware,  relative  to 
their  political  affairs,  and  to  the  individuals  who  had  received 
and  held  offices  under  the  previous,  or  Adams,  administration  : 
"It  appears,"  he  observes,  "that  the  anti-republicans,  even 
those  in  office,  are  as  hostile  as  ever,  though  not  so  insolent. 
To  overcome  them  they  must  be  shaven,  for  in  their  offices, 
(like  Sampson's  hair-locks,)  their  great  strength  lieth  :  their 
disposition  for  mischief  may  remain,  but  the  power  of  doing 
it  will  be  gone.  It  is  out  of  the  common  order  of  nature,  to 
prefer  enemies  to  friends  :  the  despisers  of  the. people  should 
not  be  their  rulers,  nor  men  be  vested  with  authority,  in  a 
government  which  they  wish  to  destroy.  A  dagger  ought 
not  to  be  put  into  the  hands  of  an  assassin.  Sayings  of  this 
import  are  in  the  mouths  of  every  body ;  and  self-preserva 
tion  seems  to  demand  some  attention  to  them." 

But  it  is  probable  that  no  public  man  of  this  country,  ex 
cepting  "Washington,  so  deeply  involved  in  public  affairs  as 
Mr.  M'Kean,  has  ever  kept  himself  free  from  some  portion 
of  political  intemperance,  some  manifestation  of  party  pas 
sion  and  prejudice.  Such,  moreover,  is  the  nature  of  the 
constitution  of  Pennsylvania,  with  respect  to  the  powers  of 
its  governor,  that  party  spirit  will  be  roused,  and  the  feelings 
of  individuals,  governed  by  personal  interest,  will  be  exhi 
bited,  during  every  administration.  Personal  feelings  of 


46  M'KEAN. 

hope  or  disappointment,  doubtless,  created  for  Mr.  M'Kean 
many  enemies  ;  yet  during  the  whole  constitutional  period  of 
nine  years  the  majority  of  the  people  were  with  him;  and, 
at  the  present  day,  when  the  party  asperities  and  bickerings 
of  the  times  are,  in  some  measure,  forgotten,  it  cannot  be 
denied  that  his  administration,  in  a  general  view,  was  marked 
by  uncommon  ability,  and  with  great  benefit  to  the  state.  His 
messages  to  the  different  legislative  assemblies  are  charac 
terized  by  peculiar  eloquence  and  force  of  language,  and  are 
replete  with  sound  maxims  of  political  wisdom,  and  clear 
practical  views  of  the  policy  of  government. 

In  the  years  1807  and  1808,  an  unsuccessful  attempt  was 
made  to  impeach  him,  as  governor,  originating  from  party 
malice,  and  the  exasperation  of  designing  and  ambitious  in 
dividuals,  who  found  him  too  independent  to  submit  to  their 
superintendence  in  public  affairs.  Several  petitions  from  a 
number  of  the  citizens  of  the  city  and  county  of  Philadelphia, 
were  presented,  to  the  legislature,  in  the  beginning  of  1807, 
praying  an  inquiry  into  the  official  conduct  of  the  governor. 
A  committee  was  accordingly  appointed  for  that  purpose, 
with  directions  to  report  whether  he  had  so  acted  in  his  official 
capacity,  as  to  require  the  interposition  of  the  constitutional 
powers  of  the  house.  This  committee,  after  a  short  investi 
gation,  reported, 

"  I.  That  the  governor  did  premeditatedly,  wantonly,  un 
justly,  and  contrary  to  the  true  intent  and  meaning  of  the 
constitution,  render  void  the  late  election,  (in  1806,)  of  a 
sheriff  in  the  city  and  county  of  Philadelphia. 

"II.  That  he  usurped  a  judicial  authority,  in  issuing  a 
warrant  for  the  arrest  and  imprisonment  of  Joseph  Cabrera; 
and  interfered  in  favour  of  a  convict  for  forgery,  in  defiance 


M'KEAN.  47 

of  the  law,  and  contrary  to  the  wholesome  regulations  of  the 
prison  in  Philadelphia,  and  the  safety  of  the  citizens. 

"III.  That,  contrary  to  the  true  intent  and  meaning  of 
the  constitution,  and  in  violation  of  it,  did  he  appoint  Dr. 
George  Buchannan,  lazaretto  physician  of  the  port  of  Phila 
delphia. 

"  IV.  That  under  a  precedent,  acknowledged  to  have  been 
derived  from  the  king  of  Great  Britain,  and  contrary  to  the 
express  letter  of  the  constitution,  did  he  suffer  his  name  to 
be  stamped  upon  blank  patents,  warrants  on  the  treasury, 
and  other  public  official  papers,  and  that  too  out  of  his 
presence. 

"  V.  That,  contrary  to  law,  did  he  supersede  Dr.  James 
Reynolds  as  a  member  of  the  board  of  health. 

"VI.  That,  contrary  to  the  obligations  of  duty,  and  the 
injunctions  of  the  constitution,  did  he  offer  and  authorize 
overtures  to  be  made  to  discontinue  two  actions  of  the  com 
monwealth  against  William  Duane  and  his  surety,  for  an 
alleged  forfeiture  of  two  recognizances  of  one  thousand  dol 
lars  each,  on  condition  that  William  Duane  would  discon 
tinue  civil  actions  against  his  son,  Joseph  B.  M'Kean,  and 
others,  for  damages  for  a  murderous  assault  committed  by 
Joseph  B.  M'Kean  and  others  on  William  Duane." 

The  very  terms  of  the  report  would  indicate  the  spirit  in 
which  it  was  framed,  even  were  it  not  known  that  one  of  the 
committee,  at  least,  was  a  principal  agitator  of  the  impeach 
ment,  and  intemperately  attached  to  the  disappointed  party, 
which  was  labouring,  unguibus  et  rostro,  to  disgrace  and 
degrade  the  governor.  "  From  even  this  limited  inquiry," 
say  they,  "  the  committee  are  led  to  the  conclusion,  that  the 
governor  considers  the  constitution  and  the  laws  as  mere 
instruments  of  executive  convenience,  and  of  so  ductile  a 


48  M'KEAN. 

character  as  to  be  moulded  into  any  shape  at  the  suggestion 
of  passion,  ambition,  or  interest."  "The  avoidance  of  an 
election,  under  such  circumstances,  furnishes  a  melancholy 
testimonial  of  the  insecurity  of  our  rights,  under  the  admi 
nistration  of  the  present  executive  magistrate."  "The  rights 
of  the  people  of  the  city  and  county  of  Philadelphia  have  been 
grossly  trifled  with,  and  scarcely  a  veil  of  the  texture  of  a 
cobweb  has  been  thrown  over  the  unjust  judgment  of  the 
governor,  to  render  void  their  election  and  their  choice." 
"But  what  will  be  said  when  the  stupendous  injustice  is 
made  known  that  the  governor  deducted  four  votes  from  the 
poll  of  judge  Wolbert,  which  the  witnesses  themselves,  upon 
oath,  declared  they  had  given  to  William  T.  Donaldson!" 
"The  committee  would  here  ask,  what  security  have  the 
people  of  Pennsylvania  for  their  rights,  should  such  proceed 
ings  pass  unpunished?"  "A  favourite  and  profligate  sheriff 
may  continue  in  office  as  long  as  a  governor  holds  his  place, 
and  the  incumbent  will  remain  the  pander  of  an  executive 
appetite  or  vengeance."  "The  compromise  offered  by  the 
governor  to  William  Duane,  is  of  a  character  truly  dark  and 
alarming.  The  outrage  committed  upon  Mr.  Duane  transcends 
any  thing  in  baseness  and  barbarity,  ever  perpetrated  among 
us  by  men  pretending  to  the  honour  of  soldiers.  After  hav 
ing  beaten  and  bruised  him  until  he  was  lifeless,  they  raised 
him  from  the  earth  on  which  he  was  prostrate,  that  one  of 
them  might  again  knock  him  down  ;  and  these  heroes  of  our 
constitution  and  laws  finished  their  murderous  assault,  by 
whipping  the  insensible  body  of  a  man,  that  they  had  ren 
dered  lifeless  by  previous  barbarity."  Finally,  "under  a 
sense  of  imperious  duty,  and  the  solemnity  of  the  obligation 
under  which  they  acted  as  representatives  of  the  people  of 
Pennsylvania,  and  from  a  conscientious  conviction,"  the 
committee  reported  the  following  resolution  : 


M'KEAN.  49 

"Resolved,  That  Thomas  M'Kean,  governor  of  this  com 
monwealth,  be  impeached  of  high  crimes  arid  misdemeanours." 
Had  this  report  not  savoured  so  strongly  of  partiality ; 
had  its  language  heen  more  temperate  and  dignified,  its  con 
clusions  less  rigorous  and  authoritative,  it  would  have  argued 
a  better  cause.  On  Thursday,  the  eighth  of  December,  1807, 
the  resolution  reported  by  the  committee  being  under  con 
sideration,  a  motion  was  made  by  Mr.  John   Sergeant,  and 
seconded  by  Mr.  Biddle,  (both  members  from  Philadelphia,) 
to  postpone  the  further  consideration  thereof  until  the  second 
Monday  in  January,  1808:  the  ayes  and  nays  being  called, 
there  was  an  equal   number  of  votes,  and  the  motion  failed. 
On  the  fifteenth  of  January,  Mr.  Shewell,  one  of  the  com 
mittee  which  submitted  the  resolution,  called  for  its  con 
sideration:  the  votes  being  equally  divided,  the  question  was 
not  carried.    On  the  twenty-seventh  of  January,  Mr.  Shewell 
renewed  his  motion   for  proceeding  to  the  consideration  of 
the  resolution,  which  then  prevailed.     It  is  to  be  observed, 
that  these  motions  proceeded  from  the  party  friendly  to  go 
vernor  M'Kean,   and  who  were  anxious  to  determine  the 
invalidity  of  the  charges. 

The  resolution  was  now  fairly  before  the  house  ;  and  the 
result  which  awaited  the  consideration  of  it,  little  accorded 
with  the  pleasant  and  confident  anticipations  of  a  majority  of 
the  select  committee  who  gave  it  birth.  "The  committee," 
said  they,  "deem  it  superfluous  to  sustain  the  resolution 
which  is  submitted,  by  an  appeal  to  the  patriotism  or  the  in 
telligence  of  the  house.  They  are  aware  that  they  are  anti 
cipated  by  its  judgment  and  its  integrity.  The  facts  speak  so 
loudly  for  themselves,  that  the  feeble  voice  of  the  committee 
cannot  be  raised  to  reach  their  tone.  Justice,  and  the  public 
welfare,  demand  punishment.  Do  we  desire  to  preserve  our 
VOL.  IV — G 


50  M'KEAN. 

constitution  in  its  letter  and  its  spirit?  then  punish  the  in- 
fractor  of  it.     Do  we  desire  the  government  of  laws,  instead 
of  that  of  the  will  of  a  public  functionary?  then  make  him 
amenable  to  justice,  who  dares  to  substitute  his  will  for  that 
of  the  laws.  Do  we  desire  to  preserve  our  republican  institu 
tions?  then  permit  no  man  to  trample  upon  them  with  impu 
nity.     Do  we  hold  the  right  of  electing  our  public  functiona 
ries  to  be  the  essence  of  free  government,  and  its  exercise  to 
be  dear  to  the  freemen  of  Pennsylvania?    then  render  him 
constitutionally  accountable,  who,  by  an  arbitrary  fiat,  has 
laid  it  prostrate.     Do  we  consider  virtue  as  the  vital  prin 
ciple  of  republican  government?  then  punish  the  officer  who 
attacks    republican    virtue   in    her  citadel $    who,    in    dis 
regard  of  public  sentiment  and  public  duty,  and  in  defiance 
of  solemn   obligation,  treats  the  people  as   his  patrimony, 
and  their   rights  as  his  inheritance."      Now,   whether  the 
legislature   possessed    less    "judgment"    and    "integrity" 
than  the  committee  were  aware  of,  or   whether  less  value 
was  placed  on  this  long,  pompous,  and  inflated   tirade  of 
queries,  and  deductions,  than  it  deserved,  it  did  not  at  all 
alter  the  decision  of  the  house,  which,  on  motion   of  Mr. 
Porter,  seconded  by  Mr.  Shewell,  indefinitely  postponed  the 
furtherconderation  of  the  subject,  on  the  twenty-seventh  of 
January,  1808.     It  should  be  added  that  every  member  pre 
sent  from  the  city  of  Philadelphia  whose  rights  were  said  to 
be  particularly  infringed  voted  in  favour  of  the  governor. 

On  the  next  day,  the  secretary  of  the  commonwealth  pre 
sented  a  replication  from  the  governor,  relative  to  the  charges 
exhibited  against  him  by  the  committee,  which  being  read, 
Mr.  Sergeant  inquired  whether  the  communication  would  be 
inserted  on  the  journal?  A  variety  of  objections  being  made 
to  this  measure,  a  motion  was  made  by  Mr.  Sergeant,  and 


M'KEAN.  51 

seconded  by  Mr.  Ingharn,  that  the  message  he  inserted  at 
large  on  the  journal:  on  the  question  heing  taken,  it  was  de 
termined  in  the  affirmative. 

The  defence  of  Mr.  M'Kean  offers  a  bright  contrast  to  the 
report  of  his  accusers  ;  and  we  cannot  refrain  from  extract 
ing  its  exordium,  as  an  evidence  of  the  dignity  with  which 
he  repelled  unestablished  denunciations,  of  the  moderation 
and  magnanimity  which  he  displayed  throughout  the  replica 
tion,  and  of  the  self-command  and  respect,  which  forbade 
him  to  descend  to  the  language  of  his  enemies.  "  A  long 
and  dangerous  illness,"  he  begins,  "  the  sympathy  of  friends, 
and  the  advice  of  physicians,  deprived  me  of  an  opportunity 
to  peruse  the  journal,  or  to  have  the  least  knowledge,  of  the 
proceedings  in  relation  to  an  impeachment  of  my  official  con 
duct,  for  more  than  a  month  after  the  termination  of  the  last 
session  of  the  general  assembly.  And,  since  that  period,  a 
proper  respect  for  the  exercise  of  constitutional  powers  has 
restrained  every  disposition,  on  my  part,  to  answer  the 
charges  which  have  been  exhibited  against  me,  while  those 
charges  continued  a  subject  of  deliberation.  But  the  delicacy 
which  has  thus  recognized  your  constitutional  jurisdiction, 
must  not  be  allowed  to  absorb  every  consideration  that  is 
due  to  my  own  fame,  to  the  feelings  of  my  family,  and  to  the 
opinion  of  the  world.  The  accusation,  though  not  confirmed 
by  the  ultimate  vote  of  the  house,  has  been  deliberately  fram 
ed,  has  been  openly  discussed,  and  will  pass,  among  the 
legislative  records,  into  the  hands  of  our  constituents,  and 
our  posterity,  with  all  its  concomitant  semblance  of  proof,  and 
asperity  of  animadversion.  The  decision,  that  expresses 
your  renunciation  of  the  impeachment,  affects  me,  indeed, 
with  its  justice  and  its  independence ;  but  it  is  a  decision 
which  precludes  the  employment  of  the  regular  mcante  of  de- 


52  M'KEAN. 

fence,  before  a  competent  tribunal,  and,  therefore,  compels 
me,  for  the  purposes  of  vindication,  to  claim  a  page  in  the 
same  volume  that  serves  to  perpetuate  against  me  the  imputa 
tion  of  official  crimes  and  misdemeanours.  It  is  incompati 
ble,  gentlemen,  with  my  view  of  the  solemnity  of  the  occa 
sion,  to  descend  to  the  language  of  invective  or  complaint. 
By  exposing  the  depravity  of  other  men,  I  should  do  little 
to  demonstrate  my  own  innocence  ;  and  an  expression  of  sen 
sibility,  at  any  personal  indignity  that  has  been  inflicted, 
might  be  construed  into  an  encroachment  upon  the  freedom 
of  legislative  debate.  But  the  tenor  of  my  public  and  pri- 
Tate  life  will,  I  hope,  be  sufficient  to  repel  every  vague  and 
declamatory  aspersion.  The  discernment  of  our  constituents 
will  readily  detect  any  latent  motive  of  hatred  and  malice. 
The  justice  of  the  legislature  upholds  an  ample  shield  against 
the  spirit  of  persecution  ;  and  the  conscious  rectitude  of  my 
own  mind  will  yield  a  lasting  consolation,  amidst  all  the 
vicissitudes  of  popular  favour  and  applause."  *•*  That  I  may 
have  erred  in  judgment ;  that  I  may  have  been  mistaken  in 
my  general  views  of  public  policy ;  and  that  I  may  have  been 
deceived  by  the  objects  of  executive  confidence,  or  benevo 
lence,  I  am  not  so  vain,  nor  so  credulous,  as  to  deny;  though, 
in  the  present  instance,  I  am  still  without  the  proof  and  with 
out  the  belief: — but  the  firm  and  fearless  position  which  I 
take,  invites  the  strictest  scrutiny,  upon  a  fair  exposition  of 
our  constitution  and  laws,  into  the  sincerity  and  truth  of  the 
general  answer  given  to  my  accusers, — that  no  act  of  my 
public  life  was  ever  done  from  a  corrupt  motive  ;  nor  with 
out  a  deliberate  opinion  that  the  act  was  lawful  and  proper 
initself."  Mr.  M'Kean  then  proceeds,  in  a  circumstantial 
and  irrefutable  manner,  separately  to  repel  the  charges  of 
the  committee;  and  triumphantly  to  vindicate  his  character, 


M'KEAN,  53 

in  every  particular,  from  the  aspersions  with  which  it  had 
been  assailed.  This  replication  comprehends  a  very  learned 
and  masterly  disquisition  upon  many  of  the  constitutional 
powers  and  duties  of  the  executive,  and  upon  repeated  refer 
ence  to  it,  it  has  heen  found  to  bear  the  cautious  scrutiny  of 
unimpassioned  judgment,  and  to  furnish  a  safe,  a  clear,  and 
a  useful  guide  in  the  elucidation  of  cases  involving  points  si 
milar  to  those  which  he  professes  to  discuss. 

Thus  terminated  a  transaction,  which,  through  the  baleful 
and  exterminating  spirit  of  party,  threatened  to  overshadow 
the  closing  career  of  a  patriot,  whose  life  had,  during  half  a 
century,  been  devoted  to  the  public  service.  As  a  party  mea 
sure,  the  delay  in  its  decision,  theex-parte  report  of  the  com 
mittee,  and  the  small  majority  opposed  to  an  impeachment,  can 
afford  no  just  rule  of  judgment,  with  regard  to  the  merits  of 
the  case  ;  because  inter  factions  leges  silent.  Those  acquaint 
ed  with  the  relative  local  politics,  may  gain  some  insight  into 
the  matter,  from  the  fact,  that  while  the  whole  delegation 
from  thecz'/T/  of  Philadelphia  were  opposed  to  the  impeachment, 
all  the  members  from  the  county  supported  it.  And  it  was 
in  proof  before  the  house  of  representatives,  that  the  chairman 
of  the  committee,  who  was  a  prominent  and  zealous  witness, 
and  the  surety  of  William  Duane,  threatened,  in  terms  indi 
cating  animosity  and  passion,  that  "  he  would  pursue  the  go 
vernor  to  the  grave." 

Towards  the  close  of  the  year  1803,  he  was  strongly  soli 
cited  to  become  a  candidate  for  the  office  of  vice-president  of 
the  United  States.  On  the  fourteenth  of  October,  Alexander 
James  Dallas,  thus  addressed  him  on  the  subject:  "I  have 
been  requested,  by  several  of  our  friends,  to  bear  with  me,  (to 
Washington,)  your  sentiments  as  to  the  office  of  vice-presi 
dent.  Your  name  has  been  most  honourably  mentioned  on 


54  M'KEAN. 

the  occasion.  Pray  write  to  me,  in  perfect  confidence,  and 
address  your  letter  to  the  care  of  Mr.  Gallatin,  at  Washing 
ton.  Accustomed  as  I  have  been,  for  many  years,  to  wish 
every  thing  that  can  promote  your  happiness,  or  reputation,  it 
would  give  me  pain  to  find  that,  in  this  instance,  your  dispo 
sition  should  lead  you  to  the  federal  scene,  as  I  do  not  believe 
there  exists  another  man  in  Pennsylvania,  to  whom,  at  this 
period,  the  real  interests  of  the  state  can  be  safely  confided. 
But  your  choice  will  entirely  govern  my  opinions  and  ex 
ertions."  Mr.  M'Kean  declined  this  honour  both  on  public 
and  private  considerations. 

Towards  the  close  of  the  eighteenth  century,  the  French 
revolution  excited  much  interest  in  America.  At  its  com 
mencement,  indeed,  it  was  very  universally  and  justly  ad 
mired  ;  and  almost  every  friend  of  rational  freedom  rejoiced, 
when  the  bastile  was  destroyed,  at  the  approaching  emanci 
pation  of  the  people.  But  when  public  order  and  equitable 
principles  yielded  to  the  bloody  and  lawless  sway  of  de 
magogues  and  ruffians,  nothing  but  irrelevant  motives,  and 
extraneous  pursuits,  could  have  made  our  citizens  endure 
the  unexampled  profligacy,  insolence,  and  barbarity,  of  the 
then  ruling  powers  of  France.  Mr.  M'Kean,  naturally  and 
conscientiously,  imbibed  strong  prepossessions  in  favour  of 
French  liberty,  in  conjunction  with  the  members  of  the  party 
to  which  he  was  attached.  Many  years  after  his  retirement 
from  public  life,  an  interesting  correspondence  on  this  subject 
took  place  between  him  arid  John  Adams,  who  had,  from  the 
outset,  veiwed  the  revolution  in  France  with  a  prophetic  eye. 
On  the  second  of  June,  1812,  Mr.  Adams  thus  opened  the 
subject:  "Nearly  thirty-eight  years  ago  our  friendship  com 
menced.  It  has  never  been  interrupted,  to  my  knowledge, 
but  by  one  event.  Among  all  the  gentlemen  with  whom  I 


M'KEAN,  55 

have  acted  and  lived  in  the  world,  I  know  not  any  two,  who 
have  more  uniformly  agreed  in  sentiment  upon  political  prin 
ciples,  forms  of  government,  and  national  policy,  than  you 
and  I  have  done,  except  upon  one  great  subject ;  a  most  im 
portant  and  momentous  one  to  he  sure — that  subject  was  the 
French  revolution.  This,  at  the  first  appearance  of  it,  you 
thought  *a  minister  of  grace;'  I  fully  believed  it  to  be  *a 
goblin  damned.'  Hence  all  the  estrangement  between  us,  that 
I  know,  or  ever  suspected.  There  is  no  reason  that  this  should 
now  keep  us  asunder,  for  I  presume  there  can  be  little  differ 
ence  of  opinion,  at  present,  upon  this  subject.  When 
Fulteney  accepted  a  peerage,  some  droll  wit  wrote 

Of  all  the  patriot  things  that  Pultney  writ, 
The  earl  of  Bath  confutes  them  every  bit. 

"NYc  may  now  say, 

Of  all  the  glorious  things  French  patriots  writ, 
The  emperor  confutes  them  every  bit." 

In  another  communication,  Mr.  Adams  remarked,  that  the 
most  unaccountable  phenomenon  he  ever  beheld,  during  the 
seventy-seven  years  that  he  had  lived,  was  to  sec  men  of  the 
most  extensive  knowledge,  and  deepest  reflection,  entertain, 
for  a  moment,  an  opinion  that  a  democratical  republic  could 
be  erected  in  a  nation  of  five  and  twenty  millions  of  people, 
four  and  twenty  millions  and  five  hundred  thousand  of  whom, 
could  neither  write  nor  read. 

Mr.  M'Kean,  in  reply,  fully  realized  the  expectations  of 
his  correspondent,  as  to  the  congeniality  of  their  sentiments. 
In  relation  to  their  co-operation  in  public  affairs,  he  remarks, 
"  I  declare,  with  pleasure,  and  also  with  pride,  that  I  em 
braced  the  political  sentiments  of  none,  with  more  satisfac- 


56  M'KEAN. 

tion,  (being  congenial  with  my  own,)  than  yours;  nor  do  I 
recollect  a  single  question  on  which  we  differed.     It  is  true, 
I  was  a  friend  to  the  revolution  in  France,  from  the  assembly 
of   the   notables    (1787),    until   the    king   was   decapitated 
(1794);  which  I  deemed   not  only  a  very  atrocious,  but  an 
absurd  act.    After  that,  I  remained  in  a  kind  of  apathy,  with 
regard  to  the  leaders  of  the  different  parties  ;  until  I  clearly 
perceived  that  that  nation  was  then  incapable  of  being  ruled 
by  a  popular  government:  and  when  a  few,  and  afterwards, 
an  individual,  assumed  despotic  sway  over  them,  I  thought 
them  in  a  situation  better  than   under  the  government  of  a 
mob ;  for  I  would  prefer  any  kind  of  government  to  such  a 
state, — even  a  tyranny  to  anarchy.     On  this  subject,  then,  I 
do  not  conceive  we  differed  widely.     I  do  assure  you,  that  I 
venerate  our  early  friendship,  and  am  happy  in  a  continuance 
of  it."     Again  :   "  I  decidedly  think  with  you  that  a  demo 
cratic  form  of  government  in  France,  in  the  present  age,  was 
preposterous." 

Mr.  M'Kean,  having  served  as  governor  during  the  con 
stitutional  period  of  nine  years,  retired,  at  the  close  of  the 
year  1808,  from  the  cares  of  a  long  life,  faithfully,  ably,  and 
successfully  devoted  to  the  service  of  his  country ;  and,  for 
the  remainder  of  his  days,  enjoyed,  in  the  peaceful  pursuits 
of  science  and  literature,  the  consciousness  of  a  well-earned 
and  honourable  fame.  In  a  letter  to  Mr.  Adams,  dated  in 
June,  1812,  he  remarks — "Three  years  ago  I  shook  hands 
with  the  world,  and  we  said  farewell  to  each  other :  the  toys 
and  rattles  of  childhood  would,  in  a  few  years  more,  be,  pro 
bably,  as  suitable  to  me,  as  office,  honour,  or  wealth  ;  but 
(thank  God,)  the  faculties  of  my  mind  are,  as  yet,  little,  if 
any  thing  impaired,  and  my  affections  and  friendships  remain 
unshaken.  Since  my  exemption  from  official  and  professional 


M'KEAN.  57 

duties,  I  have  enjoyed  a  tranquillity,  never  (during  a  long, 
protracted  life,)  heretofore  experienced  ;  and  my  health  and 
comforts  are  sufficient  for  a  moderate  man." 

We  ought  riot,  however,  to  omit  an  incident  which  occurred 
after  the  date  of  the  above  letter,  inasmuch  as  it  exhibits  a 
gratifying  instance  of  the  manifestation  of  public  respect  for 
a  venerable  sage,  and  displays  the  vigour  of  intellect,  and 
the  energy  of  patriotism,  in  a  man  of  the  age  of  eighty  years, 
whose  younger  days  had  hern,  in  trying  times,  devoted  to  his 
country.  In  the  last  war  with  Great  Britain,  the  citizens  of 
Philadelphia,  considering  themselves  in  a  situation  of  perfect 
security,  made  no  preparations  for  protection  and  defence, 
until,  in  the  month  of  August,  1814,  their  slumbering  feel 
ings  were  aroused  by  the  landing  of  a  British  army  on  our 
shores,  and  its  near  approach  to  the  city  of  Washington.  A 
number  of  the  most  influential  citizens  agreed  at  once  to  call 
a  town  meeting,  and  on  the  morning  of  the  twenty-sixth  of 
August,  a  few  hours  before  the  account  of  the  capture  of 
Washington  reached  Philadelphia,  a  very  large  assemblage; 
of  citizens  was  convened  in  the  state  house  square.  Mr. 
M'Kean  had  been  particularly  desired  to  attend,  and  on  his 
appearing  once  more  among  his  countrymen,  on  a  public  oc 
casion,  he  was  greeted  with  profound  respect  and  attention, 
and  was  unanimously  called  to  take  the  chair.  Never,  since 
the  revolutionary  period,  had  a  public  meeting  been  held  in 
Philadelphia  on  so  momentous  a  business,  and  never,  since 
the  same  period,  had  an  occasion  existed  which  demanded 
more  promptness  and  decision  of  action.  The  enemy  was 
already  on  our  soil,  and  no  man,  whether  among  the  boldest 
or  the  most  cautious,  had  any  reason  to  believe  that  Phila 
delphia  would  not,  in  a  very  few  days,  be  the  object  of  at 
tack.  The  meeting,  collected  at  the  very  place,  where,  in 
VOL.  IV.— H 


58  M'KEAN. 

1776,  the  declaration  of  independence  had  been  proclaimed? 
proceeded  to  its  business  with  great  order.  No  noisy  dema 
gogues  attempted  to  control  its  operations,  or  to  create  ex 
citement  by  inflammatory  harangues.  The  venerable  chair 
man  alone  addressed  it,  and  in  a  few  brief  sentences,  delivered 
with  the  dignity  and  emphasis  of  his  former  days,  touched  the 
spirit  that  needed  only  to  be  awakened.  The  meeting,  with 
out  waste  of  time,  and  without  useless  discussion,  took  the 
measures  which  the  crisis  demanded,  and  the  city  was  in  a 
short  time  placed  in  a  condition  to  repel  the  attack  of  any 
force  which  the  enemy  could  then  bring  against  it.  A  jour 
nalist  of  the  times  made  the  following  observations,  in  refer 
ence  to  this  meeting : 

"  It  will  be  remarked,  that  the  proceedings  of  the  town- 
meeting  held  yesterday,  do  not  comprehend  any  very  parti 
cular  expression  of  sentiment  on  general  principles.  Let  it 
not  therefore  be  supposed  that  the  meeting  showed  any  indif 
ference  relative  to  the  questions  involving  the  destinies  of  the 
nation.  There  are  no  printed  resolutions  of  devotion  to  coun 
try,  because,  as  governor  M'Kean  well  said,  *  this  is  not  a 
time  for  speaking,  but  a  time  for  acting  ;'  there  are  no  decla 
rations  of  oblivion  of  the  past,  because,  as  governor  M'Kean 
also  said,  '  we  have  now  nothing  to  do  with  the  past,  we 
must  only  think  of  the  present  and  the  future ;'  neither  are 
there  any  resolutions  to  suppress  party  contentions,  because, 
as  governor  M'Kean  also  told  the  meeting,  '  there  are  now7 
but  two  parties,  our  country  and  its  invaders.'  " 

During  the  whole  of  his  career,  Mr.  M'Kean  was  remark 
able  for  the  most  unbending  integrity  of  character.  He  pos 
sessed  a  qualification,  which  has  been  justly  noticed  as  a 
distinguished  trait  in  the  character  of  Washington, — a  de 
termination  to  do  what  he  thought  best  for  the  interest  of 


M'KEAN.  59 

the  state,  without  regard  to  the  clamour  of  ignorance  or  of 
discontent.  Independent  of  the  opinion  which  the  narrow- 
minded,  but  self-sufficient,  might  please  to  adopt  with 
regard  to  him,  he  was  willing  to  be  judged  by  the  conse 
quences  of  his  actions,  however  remote  those  consequences 
might  be. 

The  following  letters,  addressed  to  the  son  of  Mr.  M'Kean, 
embrace  valuable  and  honourable  testimonials,  from  men 
who  participated  with  Mr.  M'Kean  in  the  trying  scenes  of 
the  revolution,  and  who  have  since  enjoyed  the  rare  and  dis 
tinguished  honour  of  presiding  over  the  government  of  their 
country.  The  first  is  from  his  compatriot  Mr.  Adams,  and 
is  dated  at  Quincy  on  the  twenty-seventh  of  April,  1824  : 

"Dear  sir — I  have  received  you£  kind  letter  of  April  1st, 
and  am  very  sorry  that  it  will  not  be  in  my  power  to  give 
you  more  detailed  information.  That  your  father  was  a 
steadfast  patriot  of  the  revolution,  from  its  beginning  to  its 
end,  is  most  certain.  In  the  congress  of  New  York,  in  1765, 
though  young,  he  was  one  of  the  most  active  and  spirited 
members  :  in  the  congress  of  1774,  and  in  all  the  subsequent 
years,  he  was  the  same. 

"  His  conduct  as  governor  of  Pennsylvania  is  better  known 
to  you,  and  all  your  fellow-citizens,  than  to  me  :  1  believe  he 
was  conscientiously  upright,  and  well-intentioned.  His  con 
duct  as  chief  justice  of  the  state,  for  so  many  years,  I  have 
never  heard  denied  to  have  been  upright  and  judicious  ;  al 
though  his  constant  opposition  to  the  federal  government, 
but  never  violent,  occasioned  party  reflections  upon  him,  as 
party  spirit  is  cast  upon  every  man  of  both  parties.  His 
character  ought  always  to  maintain  a  conspicuous  place  in 
the  history  of  his  country,  for  the  last  fifty  or  sixty  years. 


60  M'KEAN. 

"  P.  S.  Your  father  and  Csesar  Rodney  were  among  the 
Patrick  Henrys,  the  Christopher  Gadsdens,  the  Thomas 
Jeflfrrsons,  the  Samuel  Adams's,  the  R  >ger  Shermans, — the 
best  tried  and  firmest  pillars  of  the  revolution." 

The  other,  from  Mr.  Jefferson,  his  old  personal  and  politi 
cal  friend,  is  dated  at  Monticello,  on  the  tenth  of  the  same 
month,  and  is  as  follows  : 

«  Sir — I  have  duly  received  your  favour  of  the  first  instant, 
and  am  happy  to  learn  that  we  are  likely  to  have  a  good  bio 
graphy  of  the  late  judge  M'Kean.  Although  we  served  to 
gether  in  revolutionary  scenes,  and  after  these,  in  others 
equally  trying,  yet  length  of  time,  and  the  wane  of  memory, 
have  left  me  no  recollections  which  would  be  worth  not 
ing.  The  general  remembrance  can  never  be  obliterated, 
that  he  was  among  the  soundest,  firmest,  and  most  zealous, 
of  the  republicans,  with  whom  it  has  been  my  fortune  to 
tf&  through  life." 

On  the  twenty-sixth  of  September,  1781,  Mr.  M'Kcan  re 
ceived  the  diploma  of  doctor  of  laws,  from  the  college  of 
New  Jersey.  In  the  following  year,  he  was  invested  with  the 
same  distinction  by  Dartmouth  college,  in  New  Hampshire, 
conveyed  to  him  in  a  complimentary  letter  from  the  secretary 
of  the  institution,  of  which  the  following  is  an  extract:  '* Im 
pressed  with  an  exalted  opinion  of  those  singular  talents 
which  nature  has  allotted  you ,-  of  those  acquirements  which 
you  have  gained  by  application;  and  of  that  patriotic  virtue, 
which  has  remained  inflexible  through  the  storms  of  adver 
sity,  the  honourable  board  of  trustees  of  this  university,  re 
quest  your  acceptance  of  a  feeble  testimonial  of  your  merit." 
On  the  second  of  May,  1785,  he  was  elected  a  member  of  the 


M'KEAN.  61 

Philadelphia  society  for  the  promotion  of  agriculture.  On 
the  thirty -first  of  October,  following,  he  received  the  diplo 
ma  of  the  society  of  Cincinnati,  instituted  by  the  officers  of 
the  American  army,  at  the  period  of  its  dissolution,  as  well 
as  to  commemorate  the  great  event  which  gave  independence 
to  North  America,  as  for  the  laudable  purpose  of  inculcating 
the  duty  of  laying  down  in  peace,  arms  assumed  for  public 
defence,  and  of  uniting  in  acts  of  brotherly  affection,  and 
bonds  of  perpetual  friendship,  the  members  constituting  the 
same.  He  was  also  a  trustee  of  the  university  of  Pennsyl 
vania,  and,  in  1790,  one  of  the  founders  of  the  Hibernian  so 
ciety  for  the  relief  of  emigrants  from  Ireland,  of  which  he 
was  a  long  time  president. 

x, 

In  person  Mr.  M'Kean  was  tall,  erect,  and  well  propor 
tioned.  His  countenance  displayed,  in  a  remarkable  man 
ner,  the  firmness  and  intelligence  for  which  he  was  distin 
guished.  His  manners  were  impressive  and  dignified.  In 
the  month  of  July,  176*2,  he  married  Mary,  the  eldest  daugh 
ter  of  Joseph  Borden,  esquire,  of  Bordentown,  New  Jersey, 
who  died  in  February,  1773,  leaving  two  sons  and  four 
daughters ;  the  youngest  of  whom  was  only  two  weeks  old. 
On  Thursday,  the  third  of  September,  1774,  he  was  again 
united  in  marriage,  by  the  reverend  Joseph  Montgomery,  to 
Miss  Sarah  Armitage,  of  Newcastle,  in  Delaware  :  five 
children  were  the  offspring  of  this  union. 

At  length,  loaded  with  honours,  this  venerable  patriot  ar 
rived  at  the  ultima  linea  rerum^  and  departed  to  "the  gene 
ration  of  his  fathers,"  on  the  twenty-fourth  of  June,  1817, 
aged  eighty-three  years,  two  months,  and  sixteen  days.  His 
remains  were  interred  in  the  burial  ground  of  the  first  pres- 
byterian  church,  in  Market  street,  Philadelphia. 


62  M'KEAN. 

Thomas  MvKean  outlived  all  the  enmities  which  an  active 
and  conspicous  part  in  public  affairs  had,  in  the  nature  of 
things,  created ;  and  posterity  will  continue  to  cherish  his 
memory,  as  one  among  the  most  useful,  and  able,  and  virtu 
ous  fathers  of  a  mighty  republic  : 

Gonscia  mens  reeti,  famae  raendacia  ridet. 


a  l)x  awing- ~_W  JJLLonp-aere  ait^r  n  1J  rn'idiu  v;  iiv 


SAMUEL  CHASE. 


THE  signers  of  the  Declaration  of  Independence  on  belialt4 
of  the  state  of  Maryland  were  four ;  SAMUEL  CHASE,  WIL 
LIAM  PACA,  THOMAS  STONE,  and  CHARLES  CARROLL  of 
CARROLLTON. 

Among  the  patriots  of  the  revolution,  none  were  more  ac 
tively  engaged  during  its  most  trying  scenes,  and  few  more 
distinguished  in  after  life,  than  SAMUEL  CHASE. 

He  was  born  on  the  seventeenth  of  April  1741,  in  Somerset 
county,  Maryland,  and  was  the  child  of  the  Reverend  Tho 
mas  Chase,  a  very  learned  clergyman  of  the  protestant  epis 
copal  church,  who  emigrated  from  England,  and  married 
Matilda  \Yalker,  the  daughter  of  a  respectable  farmer. 

The  Rev.  Mr.  Chase  having  lost  his  wife,  and  succeeding 
at  nearly  the  same  time  to  the  pastoral  charge  of  St.  Paul's 
parish,  in  Baltimore,  removed  with  his  son  to  that  town  in 
the  year  1743. 

Baltimore  was,  at  that  period,  merely  a  village,  and  afford 
ed  little  opportunity  for  the  education  of  boys ;  indeed,  nine 
years  afterwards,  a  schoolmaster  seems  to  have  been  still 
a  desideratum,  for  a  gazette  of  that  date  contains  an  adver 
tisement,  offering  good  encouragement  from  the  inhabitants, 


64  CHASE. 

to  any  one  of  "sober  character,"  competent  to  "teach 
English,  writing  and  arithmetic." 

The  Rev.  Mr.  Chase  was,  however,  perfectly  well  qualified 
to  instruct  his  son.  He  had  enjoyed  the  hest  advantages 
which  England  afforded,  and  was  a  scholar  of  remarkable 
attainments,  as  well  as  an  enthusiast  in  classical  learning  ;  a 
proof  of  which  was  given  in  his  laborious  translation  of  the 
poem  of  Silius  Italicus,  enriched  with  copious  and  learned 
notes,  a  work  bearing  the  marks  of  great  talent  as  well  as 
perseverance,  which  yet  remains  in  the  hands  of  his  descen 
dants  awaiting  sufficient  encouragement  for  its  publication. 

Under  the  tuition  of  a  parent  so  accomplished  and  so  devoted 
to  learning,  the  young  jjamuel  acquired  a  degree  of  erudition 
uncommon  among  his  compeers  ;  and  at  the  age  of  eighteen, 
with  the  established  character  of  a  good  scholar,  was  sent  to 
Annapolis  to  commence  the  study  of  the  law. 

Pursuing  his  studies,  under  the  superintendence  of  Mr. 
John  Hammond,  and  Mr.  John  Hall,  with  the  earnestness 
that  marked  all  his  conduct  through  life,  he  was  admitted  to 
practise  in  the  mayor's  court  at  the  early  age  of  twenty,  and 
two  years  afterwards  was  licensed  for  the  chancery  and  some 
of  the  county  courts. 

He  chose  Annapolis  for  his  permanent  residence,  and  very 
soon  became  known  as  an  able,  eloquent  and  fearless  lawyer; 
with  the  reputation  superadded.  at  least  among  the  more  staid 
and  loyal  inhabitants,  of  being  too  little  inclined  to  respect 
the  dignity  of  the  provincial  officers. 

In  after  years  he  gave  abundant  proof  of  extraordinary  ta 
lent  ;  but  his  early  success  in  his  professional  career,  was 
perhaps  a  more  equivocal  test;  since  the  opportunity  for 
disiinction  was  then  such  as  the  present  aspirants  to  forensic 
fame  may  not  hope  to  see.  The  number  of  practitioners  at 


CHASE.  65 

Annapolis  was  so  small,  that  if  the  courts  had  any  occu 
pation,  the  lawyers  could  not  fail,  all  to  have  clients.  "I 
qualified,"  says  Mr.  Chase  in  a  letter  written  long  after,  "  in 
1761  in  the  mayor's  court;  the  har  then  consisted  of  three 
practitioners,  Messrs.  William  Paca,  John  Brice,  junior,  and 
myself;  all  of  us  students  of  the  law  under  gentlemen  of  An 
napolis,  who  qualified  merely  for  improvement,  without  the 
remotest  view  of  profit." 

He  very  soon  married  Miss  Ann  Baldwin,  of  Anna 
polis,  a  lady  described,  by  those  who  recollect  her,  as 
remarkably  amiable  and  intelligent,  and  who  became  the 
mother  of  two  sons  and  two  daughters,  all  of  whom  survived 
their  parents. 

Advancing  continually  in  his  profession,  the  few  years  that 
intervened  between  his  coming  to  the  bar  and  the  commence 
ment  of  the  political  troubles,  were  not  signalized  by  any 
incident,  except  his  marriage,  that  has  been  preserved  by 
memory  or  tradition. 

In  this  interval  he  became  a  member  of  the  colonial  legis 
lature,  and  distinguished  himself  there  not  only  by  the  vigour 
of  his  mind,  but  by  the  bold  independence  of  his  course,  and 
his  uncourtly  bearing  towards  the  royal  governor  and  the 
court  party. 

The  most  memorable  instance  of  the  spirit  which  already 
animated  him,  is  perhaps  to  be  found  in  a  vote  by  which  he 
joined  in  the  enactment  of  a  new  regulation  on  the  subject  of 
the  compulsory  support  of  the  clergy  ;  and  by  the  provisions 
of  which  his  own  father,  still  rector  of  St.  Paul's,  suffered  a 
diminution  of  one  half  his  income.  He  was  an  heir  of  his 
father's  property ;  but  neither  that  consideration  nor  the  fear 
of  offending  the  old  gentleman,  could  restrain  him  from 
Voz.  IV.— I 


66  CHASE. 

voting  against  the  court  party,  and  in  favour  of  what  he 
thought  the  rights  of  the  people. 

The  stamp  act,  that  first  step  in  the  career  of  ministerial 
folly,  was  heard  of  with  less  emotion,  generally,  in  the  south 
ern  than  in  the  northern  colonies;  hut  every  where  the  intelli 
gence  raised  a  flame  of  indignation  and  a  spirit  of  resistance. 

In  Maryland,  a  meeting  or  convention  of  the  "sons  of 
liberty"  assembled  suddenly  at  Annapolis,  and  forcibly 
opening  the  public  offices,  seized  and  destroyed  the  stamps  ; 
and  a  band  of  youthful  patriots,  designated  of  course,  in  the 
courtly  language  of  the  day,  as  a  mob,  publicly  burnt  the 
effigy  of  the  stamp  distributor. 

In  both  these  exploits,  which  were  the  first  examples  of  po 
litical  mobs  in  Maryland,  Mr.  Chase  bore  an  active  and  a 
leading  part;  and  in  consequence  was  designated  by  the  mayor 
and  aldermen  of  Annapolis,  in  a  publication  that  formed  part 
of  a  paper  war,  carried  on  between  them  and  the  grand  jury, 
as  a  "  busy,  restless  incendiary,  a  ringleader  of  mobs,  a  foul 
mouthed  and  inflaming  son  of  discord  and  faction,  a  common 
disturber  of  the  public  tranquillity,  and  a  promoter  of  the 
lawless  excesses  of  the  multitude." 

Far  from  feeling  these  abusive  epithets,  proceeding  from 
such  a  source,  as  a  cause  of  shame  to  himself,  he  was  grati 
fied  by  being  the  object  of  such  hatred,  as  he  was  thus  en 
deared  the  more  to  that  party  with  which  he  desired  to  iden 
tify  himself.  He,  therefore,  exultingly  avowed  his  conspicuous 
agency  in  the  proceedings  of  the  mob,  which,  he  declared, 
consisted  of  men  altogether  more  respectable  than  the  mayor 
and  aldermen  ;  but  he  earnestly  denied  a  part  of  their  accu 
sation,  which  charged  him  with  having  at  a  former  time 
spoken  in  justification  of  the  stamp  act. 


CHASE.  67 

He  assailed  the  city  authorities  without  mercy.  "  Was  it 
a  mob,"  his  published  letter  asks,  "who  destroyed  in  effigy 
our  stamp  distributor  ?  was  it  a  mob  who  assembled  here  from 
the  different  counties  of  the  province  and  indignantly  opened 
the  public  offices  ?  Whatever  vanity  may  whisper  in  your 
ear,  or  that  pride  and  arrogance  may  suggest,  which  are  na 
tural  to  despicable  tools  of  power,  emerged  from  obscurity 
and  basking  in  proprietary  sunshine,  you  must  confess  them 
to  be  your  superiors,  men  of  reputation  and  merit  who  are 
mentioned  with  respect,  while  you  are  named  with  contempt, 
pointed  out,  and  hissed  at  as  'fruges  consumere  nati."'  See 
the  Appendix. 

"I  admit,  gentlemen,"  he  said,  in  another  part  of  this 
publication,  "  that  I  was  one  of  those  who  committed  to  the 
flames,  in  effigy,  the  stamp  distributor  of  this  province,  and 
who  openly  disputed  the  parliamentary  right  to  tax  the  colo 
nies,  while  you  skulked  in  your  houses,  some  of  you  assert 
ing  the  parliamentary  right,  and  esteeming  the  stamp  act  a 
beneficial  law%  Others  of  you  meanly  grumbled  in  your 
corners,  not  daring  to  speak  out  your  sentiments." 

This  was  bold,  perhaps  saucy,  language,  for  a  young  man 
of  five  and  twenty,  to  apply  to  the  constituted  authorities  of 
the  town  in  which  he  resided ;  but  the  same  uncompromising 
temper,  apparent  in  this  splenetic  effusion,  continued  to  be 
characteristic  of  Mr.  Chase,  to  the  latest  period  of  his  life. 

The  immediate  cause  of  this  hostility  between  him  and  the 
corporation,  was  to  be  found  in  his  having  acted  as  scribe 
for  the  grand  jury,  when  they  wanted  a  complaint  against 
those  municipal  officers  drawn  up  in  proper  form  and  forcible 
language.  The  stamp  act  having  been  repealed  and  content 
ment  generally  restored,  allusions  to  the  violences  that  had 
occurred  before  its  abrogation,  were  introduced  by  his  enemies 


68  CHASE. 

to  keep  up  the  recollection  of  transactions  which  they  sup 
posed  he  would  wish  to  he  forgotten. 

The  calm  that  followed  the  repeal  of  the  stamp  act  was 
deceitful  and  transient ;  very  soon  new  measures  of  aggres 
sion  began  to  appear,  and  the  vindictive  act  of  parliament 
closing  the  port  of  Boston  in  1774,  roused  the  indignant 
colonists  to  action. 

The  several  counties  of  Maryland  having  appointed  com 
mittees  of  conference,  they  met  in  convention  on  the  twenty- 
second  of  June,  and  having  received  letters  from  the  Massa 
chusetts  committee,  agreed  to  the  proposal  of  a  general 
congress  of  the  colonies,  and  appointed  Mr.  Chase,  and  four 
others,  delegates  to  attend  such  meeting,  for  the  purpose  of 
"agreeing  on  a -general  plan  of  conduct,  operating  on  the 
commercial  connexion  of  the  colonies  with  the  mother  coun 
try,  for  the  relief  of  Boston,  and  preservation  of  American 
liberty."  Mr.  Chase  was  also  appointed  one  of  a  committee 
of  correspondence  for  the  colony. 

He  accordingly  attended  at  the  meeting  of  the  congress  at 
Philadelphia,  in  September,  1774. 

The  votes  and  proceedings  of  congress  were  kept  inviolably 
secret  at  that  time,  and  although  it  is  now  supposed  to  be 
ascertained  which  of  the  members  were  entitled  to  the  credit 
of  preparing  the  very  eloquent  state  papers  issued  during  the 
session,  yet  the  precise  share  taken  in  their  consultations  by 
each  member,  is  not,  even  now,  certainly  known.  The  whole 
effort  made  by  this  congress  was,  however,  pacific  and  con 
ciliatory,  and  not  such  as  the  ardent  ttemperament  of  Mr. 
Chase  would  allow  him  heartily  to  approve.  It  was  an  ex 
periment  founded  upon  an  eloquent  appeal  from  the  ministry 
to  the  king  and  people  of  England,  and  was  wisely,  though 
unsuccessfully,  made. 


CHASE.  69 

In  December  of  the  same  year,  which  was  before  any  in 
telligence  could  be  received  from  the  other  side  of  the  Atlan 
tic  of  the  reception  which  their  persuasive  addresses  met 
with  in  Great  Britain,  Mr.  Chase,  with  an  additional  number 
of  colleagues,  was  re-appointed  a  delegate,  to  attend  at  the 
session  to  be  held  in  the  ensuing  May. 

Mr.  Chase  attended  in  pursuance  of  this  appointment,  and 
joined  in  the  appointment  of  Washington,  as  commander  in 
chief,  the  organization  of  an  army,  and  all  the  other  mea 
sures  of  defence  then  adopted. 

This  session,  like  the  preceding  one,  was  of  brief  duration  ; 
but  there  was  time  for  him  to  make  many  acquaintances  and 
acquire  some  friendships,  among  men  of  the  most  distin 
guished  talents  and  virtue  of  the  country  and  of  the  age. 

He  was  again  elected  in  the  summer  of  1775,  and  attended 
during  the  early  part  of  the  second  session  of  that  year; 
when  his  attention  was  particularly  drawn  to  the  affairs  of 
the  northern  campaign,  then  prosecuting  under  the  command 
of  Schtiyler  and  Montgomery,  and  concerning  which  strong, 
but  fallacious,  hopes  were  entertained. 

He  returned  to  Maryland  before  the  close  of  the  year,  and 
remained  at  home  a  few  weeks  only.  He  then  repaired  to 
Philadelphia,  and  acted  with  the  very  important  committee 
charged  with  the  ways  and  means  of  fitting  out  a  naval 
armament. 

The  situation  of  the  Maryland  delegates  was  not  at  this 
time  at  all  gratifying  to  their  feelings  ;  Mr.  Chase,  at  least, 
certainly  found  it  extremely  irksome.  The  convention,  in 
renewing  their  appointment,  had  expressly  restricted  them 
from  voting  in  favour  of  a  declaration  of  independence;  and 
however  anxious  they  might  be  to  see  such  a  measure  adopted, 


70  CHASE. 

they  were  bound  by  their  acceptance  of  this  limited  appoint 
ment,  to  withhold  from  it  their  active  and  open  support. 

The  resolutions  of  the  convention,  first  disavowing  any 
desire  of  independence,  and  enjoining  on  their  delegates  to 
vote  accordingly ;  then  subsequently  repeating  the  same 
sentiments  and  instructions,  and  again  finally  withdrawing 
the  restriction,  are  matters  of  history,  and  need  not  be  re 
iterated  ;  it  is  sufficient  to  refer  to  them  to  show  how  slowly 
the  province  of  Maryland  became  fully  inspired  with  that 
spirit  of  liberty  which  Mr.  Chase,  and  many  others  of  her 
sons,  had  imbibed  in  so  large  a  degree. 

In  the  spring  of  the  year  1776,  he  received  an  appointment 
of  the  highest  trust  that  congress  could  bestow — the  mission 
to  Canada,  in  conjunction  with  Dr.  Franklin  and  Mr.  Car 
roll;  and  he  gladly  accepted  it,  not  only  because  the  services 
to  be  performed  might  be  of  the  most  important  benefit  to  the 
country,  but  also  because  it  took  him  away  from  the  necessity 
of  voting  either  against  his  instructions  or  against  his  con 
science,  in  case  the  question  of  independence  should  be  speedily 
agitated  in  congress. 

Great  expectations  had  been  indulged  of  important  advan 
tages  to  be  gained  by  this  embassy  ;  indeed,  a  favourite  object 
with  congress  from  the  commencement  of  the  disputes  with  the 
British  government,  had  been  to  rescue  Canada  from  the  royal 
dominion,  and  attach  that  flourishing  dependency  to  the  conti 
nental  union;  or  rather,  to  enable  the  Canadians  to  exercise 
a  free  choice  upon  the  subject,  no  doubt  being  entertained  of 
their  desire  to  join  the  confederacy. 

The  choice  of  commissioners  was  made,  therefore,  with  ex 
treme  care,  and  implied  the  utmost  confidence  in  the  talents, 
zeal  and  fidelity  of  the  gentlemen  that  were  selected.  Two 
members  only  were  appointed  for  this  delicate  task,  Dr. 


CHASE.  71 

Franklin,  who  stood  deservedly  pre-eminent,  and  Mr.  Chase, 
then  a  young  man  of  little  experience  in  public  affairs,  but 
known  already  for  extraordinary  abilities  and  the  most  ardent 
patriotism. 

To  these  were  added  Mr.  Charles  Carroll  of  Carrollton, 
and  his  brother,  afterwards  the  archbishop  of  Baltimore, 
both  of  whom,  it  was  supposed,  would  be  able  to  exercise  a 
powerful  influence  with  the  catholics  in  Canada. 

The  reverses  which  hefel  the  arms  of  the  continentals  on 
the  northern  frontier,  prevented  whatever  success  might 
otherwise  have  attended  this  mission.  We  are  not  able  to 
detail  the  incidents  of  the  journey  made  by  Mr.  Chase  in  the 
fruitless  attempt  to  fulfil  the  object  of  his  appointment ;  but 
it  is,  at  least,  to  be  recorded  in  justice  to  his  fame,  that  he 
was  selected  by  congress  as  the  associate  of  Franklin,  in  an 
employment  so  difficult  and  momentous. 

When  he  returned  to  Philadelphia,  he  found  that  the  pro 
position  had  been  actually  made  to  issue  a  declaration  of 
independence,  and  his  trammels,  therefore,  sat  more  uncom 
fortably  upon  him  than  ever.  He  hungered  and  thirsted  for 
independence  with  an  eagerness  that  knew  no  bounds,  and 
yet  was  still  tied  by  those  ill-timed  instructions,  and  had  the 
mortification  to  see  Maryland  holding  back  when  nearly  all 
the  rest  of  the  colonies  had  pronounced  their  wish  for  an  im 
mediate  renunciation  of  the  royal  authority. 

At  about  this  period,  an  occurrence  took  place  of  a  very 
singular  nature,  which  drew  forth  a  display  of  Mr.  Chase's 
characteristic  fearlessness  and  decision. 

Among  the  members  of  congress,  there  had  prevailed  the 
utmost  confidence  and  mutual  respect;  and  although  differ 
ences  of  opinion  existed,  there  was  not  supposed  to  be  any 
want  of  sincere  and  faithful  attachment  to  the  common  cause. 


72  CHASE. 

But  Mr.  Chase  discovering,  by  what  means  is  not  known, 
that  the  Rev.  Dr.  Ztibly,  a  delegate  from  Georgia,  was  in 
correspondence  with  the  royal  governor  of  that  province, 
immediately  denounced  him  to  congress  as  a  traitor.  Zubly 
admitted  the  truth  of  the  accusation  by  a  hasty  flight,  and 
measures  were  instantly  taken  for  his  arrest,  but  without 
success. 

The  proposition  still  under  discussion  in  congress,  respect 
ing  an  immediate  declaration  of  independence,  was  impeded 
at  this  time  by  the  instructions  against  such  a  measure  which 
had  been  given  by  the  Maryland  convention  and  the  Penn 
sylvania  assembly.  The  instructions  of  his  constituents 
were  a  galling  yoke  to  Mr.  Chase.  With  his  characteristic 
activity,  he  left  his  seat  in  congress,  traversed  Maryland, 
and  in  concert  with  his  colleagues  and  other  friends  assem 
bled  county  meetings,  at  which  he  obtained  an  expression 
of  sentiments  more  congenial  with  his  own.  The  convention, 
then  sitting  at  Annapolis,  could  not  resist  the  overwhelming 
torrent  of  county  addresses;  and  on  the  twenty-eighth  of 
June,  Mr.  Chase  wrote  to  Mr.  Adams,  the  great  leader  in 
congress — "  Friday  evening,  nine  oclock.  I  am  just  this  mo 
ment  from  the  house  to  procure  an  express  to  follow  the  post, 
with  an  unanimous  vote  of  our  convention  for  independence. 
See  the  glorious  effect  of  county  instructions.  The  people 
have  fire,  if  it  is  not  smothered." 

The  painful  restriction  on  his  own  vote  being  now  removed, 
he  hastened  after  the  express,  came  the  one  hundred  and  fifty 
miles,  from  Annapolis  to  Philadelphia,  on  Saturday  and  Sun 
day,  was  in  his  place  on  Monday  morning,  and  voted  with 
the  majority,  which  on  that  day  adopted  the  decisive  reso 
lution. 


CHASE.  73 

He  was  re-elected  on  the  fourth  of  July,  1776,  again  on 
the  twentieth  of  November  of  the  same  year,  again  in  Febru 
ary,  1777,  hy  the  house  of  delegates,  and  in  Decemher,  1777, 
by  the  general  assembly.  Until  the  end  of  the  year  1778, 
he  was  generally  at  his  post,  except  occasionally  when,  for  a 
few  weeks,  the  representation  from  Maryland  being  full 
without  him,  he  turned  his  attention  to  his  own  private  or 
professional  affairs ;  and  during  all  the  time  of  his  attendance, 
he  was  constantly  chosen  a  member  of  all  important,  as  well 
as  many  unimportant,  committees.  The  number  and  variety 
of  the  duties  devolved  upon  him  by  this  frequent  and  almost 
daily  appointment,  seem  to  have  been  greater  than  ought  to 
have  been  imposed  on  any  one  man,  however  industrious 
and  able.  The  most  discordant  subjects,  whether  they  were 
in  their  nature  military,  marine,  financial,  judicial,  or  po 
litical,  without  discrimination  or  mercy,  were  thrown  upon 
his  attention. 

Urgent  as  were  the  calls  of  his  professional  duties  and 
private  interests,  he  did  not  hesitate  to  break  off  abruptly 
from  the  business  in  which  he  might  be  occupied,  during  his 
occasional  visits  to  Annapolis,  when  he  heard  of  any  question 
being  in  danger  of  a  wrong  decision  in  congress,  or  any  mea 
sure  of  wisdom  and  urgency  requiring  his  support. 

Thus  very  soon  after  he  had  joined  in  the  vote  for  indepen 
dence,  having  retired  for  a  short  interval  to  the  pursuit  of  his 
studies  and  the  care  of  his  domestic  concerns,  he  hastened 
back  to  Philadelphia  on  hearing  that  the  plan  of  a  confede 
ration  and  a  foreign  alliance  met  with  opposition  and  delay. 

The  anxiety  of  his  mind  on  these  subjects  is  plainly  to  be 

seen  in  a  letter  which  he  wrote  to  Richard  Henry  Lee,  at 

this  time.     "I  hurried  to  congress,"  he  says,  "to  give  my 

little  assistance  to  the  framing  a  confederacy  and  a  plan  for 

VOL.  IV.-K 


74  CHASE. 

a  foreign  alliance ;  both  of  them  subjects  of  the  utmost  im 
portance,  and  which 9  in  my  judgment,  demand  immediate 
despatch.  The  confederacy  has  engaged  our  close  attention 
for  a  week.  Three  great  difficulties  occur ;  representation, 
the  mode  of  voting,  and  the  claims  to  the  south  sea.  The 
whole  might,  in  my  opinion,  be  settled,  if  candour,  justice, 
and  the  real  interests  of  America,  were  attended  to.  We  do 
not  all  see  the  importance,  nay,  the  necessity,  of  a  confede 
racy.  We  shall  remain  weak,  distracted,  and  divided  in  our 
councils ;  our  strength  will  decrease ;  we  shall  be  open  to  all 
the  arts  of  the  insidious  court  of  Britain,  and  no  foreign 
court  will  attend  to  our  applications  for  assistance,  before  we 
are  confederated.  What  contract  will  a  foreign  state  make 
with  us,  when  we  cannot  agree  among  ourselves  ?  Our  army 
at  Ticonderoga  consists  of  six  thousand  men,  of  which  three 
thousand  are  in  the  hospital,  from  the  small-pox  and  other  camp 
disorders.  Our  army  at  New  York  contains  fourteen  thou 
sand,  of  which  only  ten  thousand  are  effective.  Our  flying 
camp  in  the  Jerseys  has  but  between  three  and  four  thousand 
troops.  No  news  from  general  Washington.  He  writes, 
twenty-seventh,  that  eight  sail,  supposed  to  be  part  of  lord 
Howe's  fleet,  arrived  at  the  Hook  that  day." 

In  the  autumn  of  the  year  1776,  Messrs.  Wilson,  Smith, 
Clymer,  Stockton  and  Chase,  were  appointed  a  committee  to 
"devise  and  execute"  measures  for  effectually  re-enforcing 
general  Washington,  and  obstructing  the  progress  of  the 
British  army. 

To  obstruct  the  progress  of  the  British  army  was  in  effect 
the  whole  business  of  the  government ;  the  appointment  of  this 
committee  was,  therefore,  tantamount  to  a  devolution  of  the 
entire  powers  of  congress  into  the  hands  of  a  directory  of 


CHASE.  75 

five  men,  and  was  intended  as  an  alternative  from  conferring 
unlimited  authority  upon  the  commander  in  chief. 

Pressing  and  important  as  were  the  duties  of  this  executive 
committee,  which,  however,  they  soon  found  they  could  not 
fulfil,  Mr.  Chase  was  not  therefore  excused  from  giving  his 
labour  to  other  subjects.  The  removal  to  Baltimore,  which 
occurred  soon  after,  and  the  resolution  providing  that  "gene 
ral  Washington  be  possessed  of  full  power  to  order  and  direct 
all  things  relative  to  the  .department  of  war,"  superseded  the 
executive  committee  and  relieved  them  from  a  most  embar 
rassing  and  perplexing  task. 

Another  committee,  of  which  he  was  a  member,  was  ap 
pointed  to  devise  means  for  suppressing  the  internal  enemies 
of  the  union,  and  was  obliged  to  notice  the  obnoxious  con 
duct  of  the  quakers,  and  to  consider  how  far  it  was  requisite 
to  adopt  strong  measures  in  respect  to  them.  The  dangers 
of  the  period,  and  the  magnitude  of  the  stake,  induced  the 
committee  to  recommend,  and  congress  to  adopt,  a  measure 
that  seems  at  this  distance  of  time  to  have  been  harsh,  but 
which  was  doubtless  considered  indispensably!  necessary  at 
that  crisis.  This  was  the  apprehension  of  several  respecta 
ble  members  of  the  society  of  Friends  at  Philadelphia  and 
elsewhere,  and  also  the  imprisonment  of  other  persons  whose 
conduct  or  conversation  was  exceptionable.  This  report  and 
the  agency  which  Mr.  Chase  had  in  its  preparation  and  adop 
tion,  may  have  been  the  original  cause  of  his  thinking  less 
unfavourably  than  a  majority  of  his  countrymen,  at  a  much 
later  period,  of  the  sedition  law,  as  it  was  called,  which  was 
founded  on  the  same  principle  as  these  resolutions  of  the  re 
volutionary  congress,  although  it  met  with  so  very  different 
d  reception  from  the  American  people. 


76  CHASE, 

The  reasons  which  Mr.  Chase  and  the  other  members  of 
tlw  committee  presented  to  congress,  in  support  of  their  re 
commendation,  were,  "that  ttie  several  testimonies  which 
have  been  published  since  the  commencement  of  the  present 
contest  betwixt  Great  Britain  and  America,  and  the  uniform 
tenor  of  the  conduct  and  conversation  of  a  number  of  persons 
of  considerable  wealth,  who  profess  themselves  to  belong  to 
the  society  of  people  called  Quakers,  render  it  certain  and 
notorious  that  those  persons  are  with  much  rancour  and  bit 
terness  disaffected  to  the  American  cause  :  that  as  these  per 
sons  have  it  in  their  power,  so  there  is  no  doubt  it  will  be 
their  inclination,  to  communicate  intelligence  to  the  enemy, 
and  in  various  other  ways  to  injure  the  counsels  and  arms  of 
America. 

"That  when  the  enemy,  in  the  month  of  December,  1776, 
were  bending  their  progress  towards  the  city  of  Philadelphia, 
a  certain  seditious  publication,  addressed  'To  our  friends  and 
brethren  in  religious  profession  in  these  and  the  adjacent  pro 
vinces,'  signed  'John  Pemberton,  in  and  on  behalf  of  the 
meeting  of  sufferings  held  at  Philadelphia,  for  Pennsylvania 
and  New  Jersey,  the  twenty-sixth  of  the  twelfth  month,  1776,' 
was  published,  and  as  your  committee  is  credibly  informed, 
circulated  amongst  many  members  of  the  society  called  Qua 
kers,  throughout  the  different  states : 

"That  the  seditious  paper  aforesaid  originated  in  the  city 
of  Philadelphia,  and  the  persons  whose  names  are  mentioned 
have  uniformly  manifested  a  disposition  highly  inimical  to 
the  cause  of  America." 

The  committee,  therefore,  recommend  that  the  persons  of 
several  well  known  quaker  gentlemen  should  be  "secured," 
together  with  such  papers  in  their  possession  as  might  be  of 
a  political  nature.  And  they  add,  that  "  whereas  there  is 


CHASE.  77 

strong  reason  to  apprehend  that  these  persons  maintain  a 
correspondence  and  connexion  highly  prejudicial  to  the  pub- 
lic  safety,  not  only  in  this  state,  but  in  the  several  states  of 
America : 

"That  it  he  recommended  to  the  executive  powers  of  the 
respective  states,  forthwith  to  apprehend  and  secure  all  per 
sons,  as  well  among  the  people  called  Quakers  as  others,  who 
have  in  their  general  conduct  and  conversation  evidenced  a 
disposition  inimical  to  the  cause  of  America:  and  that  the 
persons  so  seized  ho  confined  in  such  places,  and  treated  in 
such  manner  as  shall  he  consistent  with  their  respective  cha 
racters  and  security  of  their  persons: 

"  That  the  records  and  papers  of  the  meetings  of  sufferings 
in  the  respective  states,  he  forthwith  secured  and  carefully 
examined,  and  that  such  parts  of  them  as  may  he  of  a  political 
nature,  be  forthwith  transmitted  to  congress." 

However  severe  this  treatment  of  the  members  of  a  sect 
generally  unoffending,  and  far  from  seditious,  may  appear  at 
first  view,  there  was  certainly  much  provocation  given  by 
the  quakcrs  in  their  publications  prior  to  this  time,  intended  to 
thwart  and  discredit  the  plans  of  congress ;  besides  the  detec 
tion  of  a  systematic  scheme  of  communication  with  the  enemy, 
which  had  been  put  in  practice  by  a  monthly  meeting  in  New 
Jersey. 

The  testimony  published  by  order  of  a  general  meeting  of 
the  quakers  of  Jersey  and  Pennsylvania  and  by  subordinate 
meetings,  also  contained  many  seditious  sentiments,  which 
were  of  course  widely  circulated,  and  which  congress  could  not 
but  feel  to  be  at  the  same  time  insulting  and  injurious. 

Thus  in  the  beginning  of  the  year  1775,  they  had  published 
an  address  or  testimony,  in  which  they  say,  in  reference  to 
the  revolutionary  movements  which  had  then  taken  place,  "  we 


78  CHASE. 

have,  by  repeated  public  advices  and  private  admonitions, 
used  our  endeavours  to  dissuade  the  members  of  our  religious 
society  from  joining  with  the  public  resolutions  promoted  and 
entered  into  by  some  of  the  people,  which  as  we  apprehended, 
so  we  now  find  have  increased  contention,  and  produced 
great  discord  and  confusion. 

66  We  are,  therefore,  incited  by  a  sincere  concern  for  the 
peace  and  welfare  of  our  country,  publicly  to  declare  against 
every  usurpation  of  power  and  authority,  in  opposition  to  the 
laws  and  government,  and  against  all  combinations,  insur 
rections,  conspiracies,  and  illegal  assemblies." 

Again,  in  the  commencement  of  1776,  they  concluded  an 
eloquent  anti-revolutionary  address  in  these  words,  "may 
we  firmly  unite  in  the  abhorrence  of  all  such  writings  and 
measures,  as  evidence  a  desire  and  design  to  break  off  the 
happy  connexion  we  have  heretofore  enjoyed  with  the  king 
dom  of  Great  Britain,  and  our  just  and  necessary  subordi 
nation  to  the  king,  and  those  who  arc  lawfully  placed  in 
authority  under  him." 

Subsequently  to  the  Declaration  of  Independence,  they 
persevered  in  the  use  of  the  same  offensive  language,  exhort 
ing  their  members  to  "withstand  and  refuse  to  submit  to  the 
arbitrary  injunctions  and  ordinances  of  men  who  assume  to 
themselves  the  power  of  compelling  others,  either  in  person 
or  by  other  assistance,  to  join  in  carrying  on  war." 

They  also  complained  bitterly,  and  perhaps  not  without 
cause,  of  having  their  blankets  taken  from  them,  under  re 
quisitions  and  to  such  an  extent  of  deprivation  as  to  be  in 
danger  of  wanting  "  that  needful  covering  in  a  cooler  sea 
son."  And  that  their  houses  had  been  stripped  of  the  leaden 
weights  by  "  order  of  those  who  have  in  these  tumultuous 
times  absumcd  the  rule." 


CHASE.  79 

But  the  heaviest  grievance  which  they  suffered  seems  to 
have  been  the  inconvenience  they  were  put  to  in  consequence 
of  refusing  to  keep  the  appointed  fast  days,  or  to  celebrate 
the  first  anniversary  of  the  declaration  of  independence. 

"The  houses  of  several  Friends,"  they  said,  "have  been 
wantonly  abused,  and  their  windows  broke  and  destroyed  by 
a  rude  rabble,  for  not  joining  with  the  present  rulers  in  their 
pretended  acts  of  devotion,  and  conforming  to  their  ordinan 
ces  in  making  a  show  of  that  sort,  in  shutting  up  our  houses 
and  shops,  professedly  to  observe  a  day  of  humiliation,  and  to 
crave  a  blessing  on  their  public  proceedings,  but  evidently 
tending  to  spread  the  spirit  of  strife  and  contention. 

"The  like  abuses  and  wanton  destruction  of  our  property 
hath  lately  been  repeated,  because  Friends  could  not  illumi 
nate  their  houses,  and  conform  to  such  vain  practices  and 
outward  marks  of  rejoicing,  to  commemorate  the  time  of  these 
people's  withdrawing  themselves  from  all  subjection  to  the 
English  government,  and  from  our  excellent  constitution, 
under  which  we  long  enjoyed  peace  and  prosperity." 

Before  passing  from  this  view  of  Mr.  Chase's  congressional 
services,  which  we  have  seen  were  not  surpassed  by  those  of 
any  other  member,  it  may  be  excusable  to  set  forth,  in  part, 
a  most  eloquent  state  paper  which  he  drafted  shortly  before 
he  relinquished  his  seat  in  congress. 

In  the  spring  of  1778,  intelligence  was  received  of  the  in 
tention  of  the  British  parliament  to  pass  certain  acts,  called 
conciliatory  bills,  providing  for  the  appointment  of  commis 
sioners  to  treat  with  the  Americans.  Congress  were  very 
jealous  of  the  operation  of  this  news  upon  the  zeal  and  deter 
mination  of  the  people,  and  had  no  faith  in  the  sincerity  of  the 
ministry,  whom  they  suspected  of  a  design  to  divide  and 
distract,  but  not  to  conciliate. 


80  CHASE. 

These  drafts  of  intended  bills  were  industriously,  but  RC- 
cretly  circulated  by  tlie  tories,  until  congress  caused  tbem  to 
be  published,  and  circulated  at  tho  same  time  a  countervail 
ing  address.  The  preparation  of  this  paper  was  intrusted 
to  Mr.  Chase,  Mr.  Richard  Henry  Lee,  and  Mr.  Gouverneur 
Morris,  and  the  actual  composition  of  it  was  left  to  Mr. 
Chase,  and  is  marked  by  the  nervousness  of  style  and  direct 
ness  of  assertion  that  characterized  his  writing  and  conver 
sation.  With  less  of  rhetorical  elegance  than  is  found  in 
the  preceding  addresses,  particularly  that  of  the  year 
1774,  composed  by  Mr.  Lee,  it  is  not  less  persuasive  and 
eloquent. 

"  Three  years  had  now  passed  away,"  thus  it  begins, 
"  since  the  commencement  of  the  present  war,  a — war  with 
out  parallel  in  the  annals  of  mankind.  It  hath  displayed  a 
spectacle,  the  most  solemn  that  can  possibly  be  exhibited. 
On  one  side,  wo  behold  fraud  and  violence  labouring  in  the 
service  of  despotism ;  on  the  other,  virtue  and  fortitude 
supporting  and  establishing  the  rights  of  human  nature. 

After  a  vivid  and  faithful  picture  of  the  war,  from  its  com 
mencement  to  the  time  then  present,  the  unwillingness  with 
which  the  colonists  took  up  arms,  the  unprepared  and  de 
fenceless  condition  of  the  country,  the  immense  power  of  the 
enemy,  their  cruelty  to  prisoners,  their  employment  of  sa 
vages,  their  exciting  the  negroes  to  murder  the  whites,  the  ill 
success  of  all  their  efforts,  and  finally,  their  insidious  attempt 
to  lull  the  Americans  into  a  false  security,  the  address  touches 
upon  the  better  prospects  that  had  opened  to  their  view  : 
"  At  length,"  it  is  urged,  "  that  God  of  battles,  in  whom 
was  our  trust,  hath  conducted  us  through  the  paths  of  danger 
and  distress  to  the  thresholds  of  security.  It  hath  now  be 
come  morally  certain,  that,  if  we  have  courage  to  persevere, 


CHASE.  81 

we  shall  establish  our  liberties  and  independence. The 

haughty  prinre,  who  spurned  us  from  his  feet  with  contume 
ly  and  disdain, — and  the  parliament  which  proscribed  us, 
now  descend  to  offer  us  terms  of  accommodation.  Whilst  in 
the  full  career  of  victory,  they  pulled  off  the  mask,  and 
avowed  their  intended  despotism.  But  having  lavished  in 
vain  the  blood  and  treasure  of  their  subjects  in  pursuit  of  this 
execrable  purpose,  they  now  endeavour  to  ensnare  us  with 
the  insidious  offers  of  peace.  They  would  seduce  you  into  a 
dependence,  which  necessarily,  inevitably  leads  to  the  most 
humiliating  slavery." 

The  address  then  argues  against  reposing  any  trust  in  the 
conciliatory  professions  of  the  enemy,  and  calls  on  the  people 
to  make  one  strenuous  effort  more,  which  it  promises  will 
be  sufficient ;  and  concludes  with  an  anticipation  of  the  pros 
perity  that  would  follow  an  honourable  peace. 

"  If  you  exert  the  means  of  defence  which  God  and  nature 
have  given  you,  the  time  will  soon  arrive,  when  every  man 
shall  sit  under  his  own  vine  and  under  his  own  fig  tree,  and 
there  shall  be  none  to  make  him  afraid. 

"  The  sweets  of  a  free  commerce  with  every  part  of  the 
earth  will  soon  reimburse  you  for  all  the  losses  you  have 
sustained.  The  full  tide  of  wealth  will  flow  in  upon  your 
shores,  free  from  the  arbitrary  impositions  of  those,  whose 
interest  and  whose  declared  policy  it  was  to  check  your 
growth.  Your  interests  will  be  fostered  and  nourished  by 
governments,  that  derive  their  power  from  your  grant,  and 
will  therefore  be  obliged,  by  the  influence  of  cogent  necessity, 
to  exert  it  in  your  favour." 

In  order  to  disseminate  this  address  the  more  widely  the 
ad  of  the  pulpit  was  invoked,  and  it  was  recommended  to 
ministers  of  the  gospel,  of  all  denominations,  to  read  it  im- 
VOL.  IV — L 


82  CHASE. 

mediately  after  divine  service  in  their  respective  churches, 
chapels  and  other  places  of  public  worship. 

The  hall  of  congress  was  no  place  for  the  display  of  vehe 
ment  or  passionate  oratory.  Sitting  with  closed  doors,  and 
without  reporters  or  published  journals,  there  was  no  temp 
tation  to  speak,  except  for  the  purpose  of  convincing  the 
judgments  of  the  thirty  or  forty  sedate  and  thoughtful  pa 
triots,  who  were  not  to  be  moved  by  declamation  nor  seduced 
by  the  graces  of  rhetoric. 

Yet  it  was  said  of  Mr.  Chase,  that  on  some  occasions  in 
debate,  his  ardour  transported  him  far  beyond  the  simple 
logic  that  the  place  seemed  to  require.  In  the  Maryland 
house  of  delegates,  of  which  he  had  been  a  member  for  seve 
ral  years  before  he  appeared  in  congress  ;  and  also  in  the 
election  contests,  which  were  carried  on  with  great  anima 
tion,  he  had  improved  to  a  high  degree  of  excellence  his 
powers  of  energetic,  forcible  delivery.  In  the  language  of 
party  he  was,  therefore,  styled  the  '  Demosthenes  of  Mary 
land  ;'  and  it  was  reported  of  him  that  he  anticipated  in  con 
gress  the  regular  proposition  of  independence,  by  the  most  im 
passioned  and  vehement  exclamation,  that  "  by  the  God 
of  heaven,  he  owed  no  allegiance  to  the  king  of  Great  Bri 
tain." 

Ardent,  active  and  undaunted  he  certainly  was,  not  only 
in  congress,  but  every  where,  in  the  cause  of  freedom,  from 
his  very  entrance  upon  the  stage  of  manhood  until  the  con 
summation  of  his  wishes  in  the  peace  and  the  acknowledg 
ment  of  independence  ;  and  equally  undaunted,  ardent  and 
active  in  the  support  of  what  he  considered  just  senti 
ments  and  correct  principles,  during  the  latter  part  of  his 
life. 


CHASE.  .83 

His  habits  of  study  were  never  intermitted,  except  when 
they  gave  way  to  the  calls  of  public  duty.  He  found  time, 
in  the  midst  of  all  the  anxieties  and  agitations  of  the  revolu 
tion,  to  make  himself  a  very  accomplished  lawyer;  and 
never  lost  his  rank  as  such  among  competitors  who  had  given 
much  less  of  their  attention  to  affairs  so  disconnected  with 
their  professional  advancement. 

To  the  pursuit  of  eminence  and  honest  profit  at  the  bar,  he 
devoted  the  last  two  or  three  years  of  the  war  ;  and  in  a  pri 
vate  station  hailed  the  return  of  peace  and  the  establishment 
of  secure  independence. 

In  the  year  1783,  an  incident  occurred  that,  both  on  account 
of  the  importance  of  its  consequences  and  the  strong  light  in 
which  it  displays  the  warmth  of  feeling  and  keen  penetration 
of  Mr.  Chase,  ought  not  to  be  omitted. 

Being  in  Baltimore,  he  was  induced  to  attend,  as  an  audi 
tor,  the  meeting  of  a  debating  club,  composed  chiefly  of  stu 
dents  and  very  young  men.  Among  the  speakers  there  was 
one  whose  excellent  style  of  delivery,  fine  voice,  and  strength 
of  argument,  particularly  caught  his  attention.  He  spoke  to 
the  youth  after  the  debate  had  closed,  and  found  he  was  frortl 
Annapolis,  and  had  been  placed  with  a  physician  and  apothe 
cary  in  Baltimore,  where  he  compounded  medicines,  and  ex 
pected  to  receive  instruction  in  pharmacy  and  medical  prac 
tice.  Mr.  Chase  advised  him  to  study  law,  and  encou 
raged  him  to  hope  for  success  in  the  legal  profession.  To  this 
the  youth  replied,  that  he  could  not  afford  to  go  through  the 
preparatory  course  of  study,  being  entirely  without  means, 
and  having  no  dependence  except  upon  his  own  immediate 
exertions.  Mr.  Chase,  with  the  sympathy  of  kindred  genius, 
felt  for  the  friendless  youth  an  instantaneous  regard,  and  per 
ceiving  at  once  the  indication  of  great  native  powers,  resolv- 


84  CHASE. 

ed  that  a  mind  so  highly  gifted  should  not  languish  in  ob~ 
scurity  ,;  he  therefore  invited  the  young  man  to  the  benefit  of 
his  library,  his  instruction,  and  his  table;  and  urged  upon 
him  the  immediate  acceptance  of  the  offer  so  earnestly,  that 
it  was  promptly  and  gladly  accepted,  and  the  fortunate  youth 
repaired  to  Annapolis,  where  he  became  established  in  the 
office  of  his  generous  benefactor. 

This  young  man  was  William  Pinkney,  afterwards  the 
eloquent  attorney  general  of  the  United  States,  minister  suc 
cessively  at  the  courts  of  London,  Naples,  and  St.  Peters- 
burgh,  and  the  most  distinguished  lawyer  in  America. 

The  state  of  dependence  which  young  Pinkney  was  obliged 
for  a  while  to  endure,  subjected  him  to  many  mortifications, 
arising  from  the  pride  and  the  prejudices  of  his  associates, 
but  could  they,  or  he,  have  looked  forward  to  tlu  brilliant 
destiny  that  awaited  him,  their  pride  and  his  distress  would 
equally  have  vanished.  Under  the  pressure  of  such  feelings 
as  his  peculiar  relation  towards  Mr.  Chase  excited,  he  wrote 
to  him  in  these  terms.  "  Never,  sir,  in  writing  to  any  per 
son,  did  I  find  myself  so  much  at  loss  for  a  subject.  I  \vish 
to  say  something  worthy  of  your  attention,  but  the  very 
eagerness  of  that  wish  damps  my  abilities  for  doing  it.  But 
there  is  one  point  upon  which  I  cannot  but  enlarge  ;  it  touches 
me  so  sensibly  that  I  am  filled  with  the  deepest  regret  every 
time  I  reflect  on  it. 

"The  greater  part  of  the  students  belonging  to  the  law 
seem  to  be  my  enemies,  for  what  reason,  heaven  knows  !  To 
some  I  may  have  given  cause,  to  others,  I  am  certain  none. — 
You,  sir,  with  all  your  discernment  can  hardly  conceive  the 
uneasiness  of  my  situation;  destitute!  friendless!  and  un 
happy  !  Opposed  by  all,  supported  by  none !  troubled  with  a 
thousand  domestic  vexations!  oh!  be  my  patron  and  my 


CHASE,  85 

friend!  Assist  me  to  struggle  through  my  difficulties,  and 
kindly  smooth  the  rugged  path  hefore  me! 

"You,  give  me  leave  to  say,  sir,  know  what  it  is  to  climb 
the  steepy  road  to  eminence, — your  merit  encountered  many 
an  adverse  shock,  but  you  surmounted  all ; — my  poverty  and 
singular  backwardness  of  genius  are  too  powerful  obstacles 
for  me  to  combat.  To  you,  then,  I  look  up  as  my  guardian 
genius,  my  protector,  my  prop  ;  do  not  let  me  be  deceived, 
do  not  let  me  be  disappointed.  Pardon  this  incoherent  scrawl. 
I  have  been  lately  extremely  ill,  and  am  but  just  recovering : 
weakness  prevents  me  from  proceeding  farther  than  to  wish 
you  uninterrupted  health,  together  with 

*  The  soul's  calm  sunshine,  and  the  heartfelt  joy.'  " 

This  letter  was  written  while  Mr.  Chase  was  in  England, 
to  which  country  he  had  gone  at  the  request,  and  on  behalf 
of  the  state  of  Maryland,  for  the  purpose  of  urging  a  claim 
to  certain  bank  stock,  in  which  a  large  amount  of  the  funds 
of  the  former  colony  had  been  invested  before  the  revolution. 

In  the  month  of  June,  1783,  the  legislature  of  Maryland 
passed  an  act  "  concerning  the  stock  of  the  bank  of  England 
belonging  to  this  state,"  by  which  it  appears  that  there 
had  been  a  large  sum  of  money,  besides  bank  stock,  belong 
ing  to  the  state,  left  in  the  hands  of  an  agent  in  London. 
The  general  assembly  thought  it  expedient  to  take  measures 
to  obtain  this  money,  or  the  stock  in  which  it  had  been  in 
vested,  and  by  this  act,  authorized  the  governor  and  council 
to  appoint,  "  in  the  name  and  behalf  of  the  state,  some  discreet 
person  of  abilities  and  address,  to  be  agent  and  trustee  "  for 
such  purpose.  Mr.  Chase  was  selected  for  this  employment, 
and  was  promised  a  commission,  not  exceeding  four  per  cent. 


86  CHASE. 

on  the  nett  sum  recovered,  in  full  satisfaction  for  all  his  trou 
ble  ;  and  no  expenses  were  to  be  paid  by  the  state,  if  he  should 
be  unable  to  obtain  the  stock. 

He  proceeded  to  London,  and  instituted  a  suit  in  chancery 
there,  for  the  transfer  of  the  stork,  but  did  not  remain  to  see 
the  result.  Before  his  return,  however,  he  had  put  the  claim 
in  a  train  for  the  adjustment  which  was  finally  made,  after 
Mr.  Pinkney  had  joined  his  efforts  in  the  same  cause.  The 
amount  eventually  recovered  through  this  negotiation,  was 
about  six  hundred  and  fifty  thousand  dollars. 

Mr.  Chase  remained  less  than  a  year  in  England,  during 
which  time  he  gratified  a  rational,  and,  it  may  be  said,  a  pro 
fessional  curiosity,  in  observing  the  proceedings  of  the  various 
courts  of  justice  and  the  two  houses  of  parliament.  He  made 
many  interesting  acquaintances  among  gentlemen  of  the  bar, 
and  those  of  parliamentary  or  literary  celebrity  ;  and  the  in 
telligence,  frankness,  fine  flow  of  spirits,  and  remarkable 
powers  of  conversation  which  distinguished  the  American 
patriot  and  lawyer,  made  a  most  agreeable  impression  on  the 
British  statesmen  and  barristers  to  whom  he  became  known. 

He  was  a  close  observer  of  all  that  he  saw,  even  of  many 
particulars  of  taste  and  fashion,  which  a  man  of  his  great 
strength  of  mind,  and  habit  of  applying  his  attention  to  great 
national  subjects,  would  scarcely  be  supposed  to  notice.  For 
example,  he  wrote,  for  the  amusement  of  his  family,  a  very 
minute  description  of  the  appearance  of  the  royal  family  at 
the  theatre,  from  which  we  cite  a  passage,  not  on  account  of 
the  dignity  or  interest  of  the  subject,  but  as  a  proof  of  the 
minuteness  of  his  observation. 

"The  king  was  dressed  in  a  plain  suit  of  clothes  with  gold 
buttons,  with  a  large  black  ribbon  across  his  breast.  The 
queen  in  white  satin,  her  head  dress  ornamented  with  a  great 


CHASE.  87 

number  of  diamonds.  The  princess  royal  was  dressed  in  a 
white  and  blue  figured  silk,  and  the  princess  Augusta  in  a 
rose  coloured  and  white  silk,  of  the  same  pattern  with  her 
sister's ;  having  both  their  head  dresses  ornamented  with 
diamonds.  The  prince  of  Wales  wore  a  suit  of  dark  blue 
Genoa  velvet,  richly  trimmed  with  gold  lace.  The  royal 
family  were  seated  under  three  state  canopies ;  their  ma 
jesty's  was  a  domo,  covered  with  crimson  velvet,  surrounded 
by  an  elegant  cornice  and  mouldings,  carved  and  gilt  with 
burnished  gold,  under  which  was  hanging  a  drapery  of  crim 
son  velvet  tied  up  with  gold  knots  and  tassels ;  and  above 
that  a  drapery  roller,  the  whole  trimmed  with  rich  gold  laco, 
and  fringed  and  ornamented  with  embroidered  stars,  par 
terres,  &c.  &c.  of  various  colours.  On  a  rising  pedestal 
from  the  domo,  were  a  lion  and  unicorn,  carved  and  gilt, 
couchant,  supporting  a  very  brilliant  crown  proper.  The 
front  of  the  box,  raised  by  a  platform  projecting  on  the  stage, 
was  covered  with  crimson  velvet,  laced  and  fringed,  in  the 
centre  of  which  were  the  royal  arms,  supporters  and  motto, 
most  elegantly  and  beautifully  embroidered  on  foils  of  their 
own  proper  colour,  terminating  on  each  side  with  scrolls  and 
parterres  in  the  same  manner.  From  the  capping  hung  a  fes 
toon,  vallon,  laced,  fringed  and  decorated  with  embroidered 
stars.  The  inside  of  the  box  (which  was  very  spacious) 
was  hung  with  crimson  satin,  laced  with  gold,  and  the  chairs 
were  cabrioles,  carved,  gilt,  and  covered  with  crimson  velvet. 
The  queen  sat  on  the  left  hand  of  the  king,  next  the  stage ; 
two  ladies,  one  the  duchess  of  Ancaster,  attended  on  and  stood 
behind  the  queen,  two  noblemen  attended  on  and  stood  behind 
the  king." 

He  passed  much  of  his  time  while  in  England  in  the  society 
of  the  most  eminent  lawyers ;  was  frequently  in  company  with 


88  CHASE. 

the  rival  statesmen  Pitt  and  Fox ;  and  had  the  gratificati6n  of 
being  the  guest  of  Edmund  Burke,  for  one  delightful  week,  at 
Beaconsfield. 

On  the  third  of  March,  1784,  at  London,  he  was  united  to 
his  second  wife,  Miss  Hannah  Kitty  Giles,  the  daughter  of 
Dr.  Samuel  Giles,  of  Kentbury ;  and  soon  after  this  event 
he  returned  to  America. 

The  incidents  of  this  agreeable  residence  in  England, 
formed  the  theme  of  many  of  his  conversations  in  his  latter 
years.  He  recurred  always  with  pleasure  to  his  intercourse 
with  the  remarkable  personages  of  that  country.  But  he 
did  not  seem  to  have  acquired  any  admiration  of  the  British 
government,  which  he  ever  spoke  of  as  corruptly,  though 
ably,  administered. 

His  compensation  having  been  contingent,  and  the  delays 
of  chancery  proceedings  having  made  it  impossible  for  him 
yet  to  see  the  issue  of  his  labours,  he  returned  much  impover 
ished,  and  recommenced  the  practice  of  the  law. 

His  fidelity  in  the  business  with  which  he  had  been  charged, 
Was  recognized  by  a  "  supplement  to  the  act  concerning  the 
stock  of  the  bank  of  England,"  passed  in  November,  1784, 
in  which  the  legislature  ratified  and  confirmed  his  proceed 
ings,  and  authorized  him  to  promote  the  suit  which  he  had 
instituted,  investing  him  with  every  power  necessary  for  that 
purpose,  and  engaging  to  abide  by  the  decision.  He  also 
received  the  approbation  of  the  state  of  Maryland,  expressed 
in  the  following  resolution,  viz  : 

"That  it  is  the  opinion  of  this  general  assembly  of  Mary 
land,  that  Samuel  Chase,  in  conducting  and  negotiating  the 
affairs  of  this  state,  lately  intrusted  to  his  care  as  agent,  hath 
manifested  great  zeal  and  fidelity,  diligence  and  ability,  and 
?,  vigilant  attention  to  the  honour  and  interest  of  this  govern- 


CHASE.  89 

ment,  and  that  his  said  conduct  merits,  and  therefore  hath 
the  approbation  of  this  general  assembly." 

In  the  year  1786,  he  removed  from  Annapolis  to  Baltimore. 
The  occasion,  or  at  least  a  part  of  his  inducement,  was  the 
pressing  invitation  and  generous  proposal  of  his  friend  colo 
nel  Howard,  the  distinguished  soldier  of  the  revolution,  whose 
heroism  at  the  battle  of  the  Cowpens  has  identified  his  fame 
with  the  just  pride  of  our  nation. 

Colonel  Howard  possessed  a  large  estate  in  the  immediate 
vicinity  of  Baltimore,  on  which  a  portion  of  the  city  has 
since  been  built ;  and  being  anxious  for  the  improvement  of 
the  town,  and  highly  appreciating  the  possible  acquisition 
of  such  a  man  as  Mr.  Chase  to  his  neighbourhood,  libe 
rally  offered  him  a  square  of  ground,  without  any  other  con 
sideration  than  the  actual  residence  of  himself  and  family 
upon  it. 

Colonel  Howard's  written  proposal  was  dated  the  thirteenth 
of  February,  1786,  and  is  in  these  words  :  "  Sir — I  understand 
you  have  determined  to  remove  to  Baltimore  town,  which  I 
approve  and  would  encourage.  I  will  convey  to  you,  in  fee, 
one  square  of  ten  lots  of  my  land,  near  the  square  laid  out  and 
intended  for  the  public  buildings,  without  any  consideration ; 
and  if  the  seat  of  government  should  be  removed,  and  the  pub 
lic  buildings  shall  be  erected  on  my  land,  in  such  case  I  will 
convey  to  you,  in  fee,  another  square  of  ten  lots,  adjoining 
the  square  above  mentioned,  without  any  consideration." 

This  singular  offer,  characteristic  alike  of  the  liberality  of 
colonel  Howard  and  the  estimation  in  which  he  held  the  in 
fluence  of  Mr.  Chase,  was  immediately  accepted;  the  square 
was  laid  out  between  Eutau,  Lexington,  Fayette  and  Paca 
streets,  the  conveyance  was  regularly  made,  and  Mr.  Chase 
VOL.  IV.— M 


90  CHASE. 

built  on  this  site  the  house  of  his  permanent  abode,  where  he 
lived  and  died,  and  which  he  left  to  his  descendants. 

At  the  time  of  his  removal  from  Annapolis  he  received  an 
affectionate  compliment  from  the  corporation  of  that  city, 
of  which  he  had  been  the  recorder.  It  was  dated  the  seventh 
day  of  September,  1786,  and  was  expressed  in  these  words: 
"  Sir — The  mayor,  aldermen  and  common  councilmen  of  the 
city  of  Annapolis,  impressed  with  a  due  sense  of  the  services 
rendered  to  this  corporation  by  you,  in  the  capacity  of  re 
corder  thereof,  do  take  this  occasion  to  assure  you  of  their 
entire  approbation  of  your  conduct,  in  the  performance  of 
the  duties  of  that  trust,  and  to  acknowledge  your  ready  exer 
tion  at  all  times  to  promote  the  interest  and  welfare  of  this 
city.  They  sincerely  regret  the  occasion  of  this  address, 
as  your  removal  from  the  city  of  Annapolis  will  deprive  this 
body  of  a  faithful  and  able  officer,  and  the  city  of  a  valuable 
citizen.  You  have  our  warmest  wishes  for  your  happiness 
and  welfare." 

To  this  very  kind  and  complimentary  address  Mr.  Chase 
made  the  following  reply:  "The  address  of  the  mayor,  alder 
men  and  common  councilmen  of  this  city,  presented  me  this 
day,  affords  me  just  pleasure,  as  I  flatter  myself  they  speak 
the  genuine  sentiments  of  the  citizens.  As  recorder  of  the 
city,  duty  and  inclination  urged  me  to  enforce  a  due  obedi 
ence  to  the  by-laws,  and  assist  in  the  framing  of  ordinances 
for  the  regulating  the  police  of  the  city.  In  the  discharge  of 
this  duty,  I  ever  received  the  ready  assistance  of  my  brethren 
on  the  bench,  and  of  the  other  members  of  the  corpora 
tion,  and  but  a  small  portion  of  merit  is  due  to  me.  My 
abilities  have  been  much  over-rated  by  the  corporation ;  I 
only  wish  they  had  been  equal  to  my  inclination  to  serve 
them. 


CHASE.  9i 

"As  one  of  the  delegates  of  Annapolis,  my  public  powers 
were  exerted  on  all  occasions  to  promote  the  interest  and 
welfare  of  the  city;  and  supported  by  my  colleagues,  my 
endeavours  were  in  some  instances  crowned  with  success. 
I  feel  myself  amply  rewarded  by  the  approbation  of  the  body 
over  whom  you  have  the  honour  to  preside.  There  can  be 
nothing  more  agreeable  to  a  public  character,  than  to  receive 
the  public  approbation  of  his  conduct,  from  those  who  speak 
the  collected  and  unbiassed  sense  of  his  constituents ;  and 
it  is  the  only  reward  a  free  and  virtuous  people  can  bestow, 
and  the  only  one  an  honest  representative  can  expect. 

"Be  pleased  to  present  the  corporation  my  warmest 
wishes  for  their  prosperity,  and  I  sincerely  hope  that  the 
city  of  Annapolis  may  be  for  ever  distinguished  for  the 
harmony  and  friendship,  the  benevolence  and  patriotism  of 
its  citizens." 

In  the  year  1788  a  new  court  of  criminal  jurisdiction  was 
organized,  for  the  county  and  town  of  Baltimore,  of  which 
Mr.  Chase  was  named  the  presiding  judge.  This  office 
being  similar  to  that  of  recorder,  which  lie  had  held  at  An 
napolis,  did  not  preclude  him  from  the  exercise  of  his  pro 
fession.  He  continued  at  the  bar,  and  served  also  in  the 
convention  which  ratified,  on  the  part  of  Maryland,  the  new 
federal  constitution  5  but  in  the  year  1791,  on  the  resigna 
tion  of  Thomas  Johnson,  he  finally  relinquished  the  practice 
of  the  law,  in  accepting  the  appointment  of  chief  justice  of 
the  general  court  of  Maryland. 

The  attractions  of  judicial  station  seem  to  be  irresistible. 
The  acceptance  of  it  generally  involves  a  sacrifice  in  point 
of  income,  and  the  relinquishment  of  an  honourable  profes 
sion,  for  a  position  of  great  labour,  vexation  and  responsi 
bility ;  yet  such  appointments  are  seldom  refused.  Mr. 


92  CHASE. 

Chase  was  still  in  the  meridian  of  life,  and  possessed  of 
talents  and  acquirements  that  ensured  a  lucrative  career  at 
the  bar.  But  he  unhesitatingly  gave  up  the  prospect  of  pro 
fessional  eminence,  together  with  the  opportunities  of  politi 
cal  distinction  which  his  character  and  situation  would  have 
afforded,  and  chose  his  reputation  as  a  judge  the  chief  cri 
terion  according  to  which  his  name  must  be  estimated  by 
posterity. 

When  the  new  constitution  went  into  operation,  judge 
Chase  was  not  at  first  altogether  pleased  with  the  state  of 
public  affairs.  His  construction  of  the  relative  powers  of 
the  president  and  the  senate,  in  respect  to  appointments, 
would  seem  singular  at  this  time.  Our  ideas  of  the  consti 
tution  are  now  formed  more  generally  from  observing  its 
actual  operation,  than  by  study  of  its  written  provisions ; 
but,  in  the  beginning  of  its  existence  the  letter  of  the  instru 
ment  was  the  only  guide,  and  looking  to  that  alone,  he  sup 
posed  it  would  be  the  duty  of  the  president  to  submit  a  list 
of  candidates  for  each  office  to  the  senate,  who  would  make 
the  selection  out  of  this  number,  and  so  determine  the  ap 
pointment. 

In  some  particulars  he  seems  to  have  found  cause  for 
dissatisfaction ;  thus  he  wrote  to  Mr.  Lee  in  July,  17S9:  "I 
sometimes  see  debates  in  the  lower  house  of  parliament,  but 
none  in  the  senate.  I  hear  their  doors  are  locked ;  if  true,  I 
am  sorry  for  it.  I  retain  my  republican  principles,  although 
our  government,  and  the  principles  of  the  people,  are 
changed,  and  are  monarchical.  I  approve  of  the  amend 
ments  of  the  senate  to  the  impost  bill:  the  duties  are  yet  too 
high,  and  experience  will  prove  it.  I  think  the  subject  of 
the  bill  ought  to  have  been  divided:  duties  for  revenue ;  duties 
for  the  regulation  of  trade ;  and  duties  to  encourage  manu- 


CHASE.  93 

factures,  if  you  have  any  power  by  the  constitution  to  impose 
taxes  or  duties  for  these  purposes.     I  perceive  hy  the  bill 
for  the  establishment  of  the  judicial  courts,  that  the  jury 
trial  is  secured.     If  the  jury  trial  depends  on  a  law,  I  sup 
pose  it  may  be  modified,  or  taken  away  by  another  law.     I 
think  the  bill  is  ably  drawn.     I  think  there  are  some  defects. 
The  circuit  courts  ought  not  to  have  jurisdiction  of  cases 
under  eight  hundred  dollars.     The  district  court  ought  to 
have  jurisdiction  of  juries  to  the  amount  of  eight  hundred 
dollars.     The   same  persons  ought,  on   no  account,  to  be 
judges  of  law  and  equity.     The  restriction  on  the  jurisdic 
tion  of  the  courts  of  equity  will  rentier  the  court  useless  in  a 
thousand  instances,  in  which  it  ought  to  have  jurisdiction. 
It  is  difficult  to  define  its  jurisdiction,  but  the  limitation  will 
do  great  injury.     I  have  written  my  idea  of  a  proper  clause, 
pointing  out  in  what  cases  the  equity  courts  shall  have  juris 
diction,  to  Mr.  Housy.     I  consider  the  district  court  as  the 
most  useful  and  important ;  the  superior  court  as  the  most 
honourable   and  profitable.      If  it  is  intended  to   give  the 
district  judge  jurisdiction  of  prizes  in  time  of  war,  his  office 
will  be  very  important,  and  will  require  considerable  abili 
ties,  as  well  as  integrity.     I  say  if  intended,  because  it  is 
omitted.5' 

A  few  years  after  this  time,  the  unhappy  dissension  arose 
which  divided  this  nation  into  parties,  called  federal  and 
anti-federal,  or  federal  and  democratic. 

The  federal  party  was  charged  with  entertaining  aris 
tocratic  notions,  and  partialities  for  England;  and  with 
desiring  to  strengthen  the  executive  branch  of  the  govern 
ment,  and  to  depress  the  rights  or  disregard  the  will  of  the 
people. 


94  CHASE. 

We  have  seen  in  the  letter  just  cited,  what  were  judge 
Chase's  general  sentiments  on  the  subject  of  the  constitution, 
which  even  with  his  construction  of  the  executive  powers,  he 
considered  not  sufficiently  democratical. 

"We  have  seen  also,  in  the  events  of  his  early  years,  how 
devotedly  he  served  the  cause  of  the  people  against  the 
oppressions  of  the  aristocracy  and  the  royal  power. 

As  to  his  feelings  towards  the  British  nation,  there  is 
proof,  besides  the  evidence  which  his  actions  afforded,  that 
he  had  imbibed,  instead  of  partiality  and  attachment,  a  deep 
rooted  and  perhaps  excessive  animosity.  Speaking  of  the 
contest  between  England  and  France,  in  a  letter  to  an  intimate 
friend,  he  said,  "  I  wish  most  cordially  to  see  that  proud, 
wicked  and  tyrannical  nation,"  meaning  England,  "reduced  to 
beg  terms  of  peace  from  her  ancient  and  inveterate  enemy." 

With  these  principles  and  sentiments,  neither  changed  nor 
enfeebled,  he  became  a  zealous  and  unwavering  federalist, 
and  continued  to  the  end  of  his  life  firmly  and  ardently  at 
tached  to  that  party  to  which  views  and  feelings  so  opposite 
to  his  own  have  been  so  often  and  positively  ascribed. 

If  there  be  any  mystery  in  this,  it  is  not  our  province  to 
explain  it.  We  may  venture,  however,  to  suggest,  that  the 
future  historian  of  this  country,  looking  back  on  the  distrac 
tions  and  heats  of  the  period  to  which  we  refer,  will  record 
many  instances  of  pure  patriotism  and  true  republicanism  on 
each  side  of  the  party  line ;  and  will  say  that  a  deal  of  strife 
and  asperity  arose  out  of  questions  possessing  little  intrinsic 
importance ;  that  the  parties  misunderstood  each  other ;  and 
quarrelled  only  about  men,  when  they  thought  they  were  con 
tending  for  principles. 

Whether  as  an  exception  to  a  general  rule,  however,  or  as 
an  example  of  a  whole  sect,  it  is  not  for  us  to  decide,  but 


CHASE.  95 

' 


.. 

certainly  judge  Chase  was  at  the  same  time  a  sincere  patriot, 
a  true  republican,  no  lover  of  England,  and  yet  a  decided, 
warm,  and  unwavering  federalist. 

His  political  opinions  being  founded  on  honest  feelings,  his 
ardent  temperament  did  not  suffer  him  to  remain  a  lukewarm 
politician,  in  a  period  of  universal  excitement.  He  therefore 
expressed  himself  freely  and  forcibly  on  the  subject  at  all 
times,  and  made  many  enemies  by  so  doing. 

In  the  year  1794,  some  excitement  of  popular  indignation 
at  Baltimore,  occasioned  a  disgraceful  riot,  in  which  two 
men  were  tarred  and  feathered  in  the  street.  Judge  Chase 
took  a  stand  on  this  occasion  highly  honourable  to  his  firm 
ness,  and  his  resolute  determination  to  assert^the  supremacy 
of  the  law.  Holding  at  this  time,  the  office  of  chief  judge  of 
the  criminal  court,  he  took  measures  for  an  investigation  of 
the  outrage;  and  caused  two  men,  of  very  respectable  stand 
ing,  and  great  popularity  with  the  ruling  party,  to  be  arrested 
as  ringleaders. 

The  court  room  was  crowded  by  many  who  had  taken  ac 
tive  parts  in  the  riot,  and  hundreds  of  the  same  character 
were  about  the  court  house,  with  drums  and  fifes,  and  with 
colours  flying.  The  persons  arrested  refused  to  give  surety 
to  appear  at  the  next  court  —  "Then,"  said  the  judge,  "you 
must  go  to  jail."  One  of  the  most  opulent  citizens  proposed 
himself  as  surety,  but  the  prisoner  refused  permitting  it, 
when  the  judge  ordered  the  sheriff  to  take  him  to  prison  ;  the 
sheriff  replied  that  he  could  not  take  him  ;  the  judge  then 
told  him  to  summon  the  posse  comitatus  to  his  assistance  ;  it 
was  answered,  he  could  get  no  one  to  serve,  —  the  judge  then 
said,  "summon  me,  sir,  I  will  be  the  posse  comitatus,  I  will 
take  him  to  jail."  A  member  of  the  bar,  of  the  first  re 
spectability,  then  addressed  the  judge,  advising  him  to  pass 


96  CHASE. 

over  the  affair,  and  intimating  to  him,  that  he  apprehended 
his  life  and  property  were  in  danger.  "God  forbid,"  was 
the  emphatic  reply  of  the  judge,  "  that  my  countrymen  should 
ever  be  guilty  of  so  daring  an  outrage ;  but,  sir,  with  the 
blessing  of  God,  I  will  do  my  duty, — they  may  destroy  my 
property,  they  may  pull  down  my  house  over  my  head,  yea, 
they  may  make  a  widow  of  my  wife,  and  my  children  father 
less, — the  life  of  one  man  is  of  little  consequence  compared  to 
the  prostration  of  the  laws  of  the  land — with  the  blessing  of 
God,  I  will  do  my  duty,  be  the  consequences  what  they 
may."  He  gave  the  parties  time  to  reflect  upon  the  impor 
tance  and  propriety  of  yielding,  and  appointed  the  next  day 
to  meet  them.  It  was  observed  that  the  morrow  would  be 
Sunday — "No  better  day,"  replied  judge  Chase,  "to  exe 
cute  the  laws  of  our  country  ;  I  will  meet  you  here,  and  then 
repair  to  the  house  of  my  God !"  Not  obtaining  security  for 
their  appearance  on  Sunday,  he  sent  an  express  to  the  go 
vernor  and  council,  on  that  day,  calling  for  the  support  of 
the  state.  On  Monday,  lie  was  waited  upon  by  three  of  the 
most  wealthy  and  respectable  citizens  of  Baltimore,  to  re 
quest  him  to  desist,  and  give  up  the  point,  apprehending 
serious  consequences  to  the  city:  He  replied  to  them  with 
great  warmth,  asked  if  they  meant  to  insult  him  by  supposing 
him  capable  of  yielding  the  law  to  two  obstinate  men.  They 
left  him,  and  a  few  hours  after,  as  the  judge  was  going  to 
court,  the  persons  charged  met  him  in  the  street,  and  con 
sented  to  give  the  security.  When  the  court  met,  the  grand 
jury  refused  to  find  a  bill  against  the  parties  accused,  and 
delivered  a  presentment  againt  Mr.  Chase. 

The  presentment  of  the  grand  jury  comprises  only  two 
specific  charges  against  the  judge.  First,  of  having  insulted 
them  by  openly  censuring  the  sheriff  for  returning  so  bad  a 


CHASE.  97 

jury.  And,  secondly,  of  having  violated  the  bill  of  rights, 
by  accepting  and  exercising,  at  the  same  time,  two  different 
offices, — chief  judge  of  the  criminal  court,  and  chief  judge  of 
the  general  court  of  the  state. 

The  reply  of  judge  Chase  was  marked  by  temperate  mo 
deration  and  firmness.  He  gently  reminded  them  how  much 
they  had  gone  beyond  the  proper  sphere  of  their  duties,  in 
meddling  with  such  subjects  as  the  holding  two  offices,  and 
justified  his  censure  of  the  sheriff  as  well  founded,  to  the 
extent  that  he  had  actually  uttered  it. 

In  the  conclusion  of  this  reply  he  told  the  jury,  "you  will, 
gentlemen,  continue  to  do  your  duty,  and  I  shall  persevere 
in  mine;  and  you  may  be  assured  that  no  mistaken  opinion 
of  yours,  or  resentment  against  me,  will  prevent  my  having 
respect  for  you  as  a  body." 

In  the  year  1796,  he  was  appointed  by  president  Washing 
ton  to  the  office  of  an  associate  judge  of  the  supreme  court  of 
the  United  States.  In  this  exalted  station  he  continued 
about  fifteen  years,  distinguished  by  the  dignity  and  ability 
with  which  he  performed  its  functions. 

His  decisions  were  seldom  if  ever  reversed,  his  ability  was 
conspicuous,  his  industry  and  integrity  were  unquestioned ; 
his  legal  opinions  and  instructions  to  juries  were  marked  by 
sound  sense,  clear  demonstrative  logic,  discrimination  and 
learning ;  expressed  in  perspicuous  language,  and  delivered 
with  remarkable  impressiveness  of  manner. 

He  may  fairly  be  said  to  have  been  a  great  judge ;  and 
was  pronounced  by  a  very  distinguished  lawyer  of  the  Phil 
adelphia  bar,  who  was  not  his  personal  nor  political  friend, 
the  "  greatest"  that  he  had  ever  seen ;  meaning,  by  that 
often  misapplied  term,  the  most  prompt,  sagacious  and 
learned. 

Voi.  IV — N 


98  CHASE. 

Yet  with  all  this  well  deserved  reputation,  and  notwith 
standing  the  gratitude  due  to  him  from  this  nation,  he  was 
impeached  by  the  house  of  representatives,  tried  before  the 
senate  on  charges  of  high  misdemeanor,  and  narrowly  es 
caped  condemnation. 

The  true  cause  of  this  incident  in  his  life  is  to  be  found  in 
his  habit  of  unreservedly  expressing  opinions  on  national  po 
litics,  and  censuring  freely  where  he  thought  censure  was 
deserved. 

In  the  year  1800,  he  held  the  circuit  court,  along  with 
judge  Peters,  the  district  judge,  at  Philadelphia ;  where 
among  the  prisoners  to  be  tried  was  John  Fries,  who  had 
been  charged  with  treason  in  raising  an  insurrection  against 
the  general  government. 

Fries  had  already  been  tried  and  convicted  before  judges 
Iredell  and  Peters  ;  but  a  new  trial  had  been  granted  on  ac 
count  of  some  irregularities  on  the  part  of  a  juryman.  The 
prisoner  had  been  strenuously  defended  by  Mr.  Lewis  and  Mr. 
Dallas,  lawyers  of  distinguished  talents,  who  had  rested  his 
cause  on  a  point  of  law,  and  admitting  or  faintly  denying 
the  facts,  had  contended  that  all  his  misdeeds  fell  short  of 
the  legal  definition  of  treason. 

The  court  had  on  that  occasion  given  an  elaborate  judg 
ment  on  the  law  of  treason,  which  had  been  the  subject  of 
much  discussion  among  judges  and  lawyers,  as  the  trial  had 
excited  strong  public  interest. 

When  the  session  of  the  court  was  approaching,  judge 
Chase  having  considered  the  subject,  and  made  up  his  mind 
fully  in  concurrence  with  judge  Iredell,  and  knowing  that 
the  whole  argument  would  be  repeated  before  him,  thought  it 
would  save  time  and  trouble  to  inform  the  gentlemen  con 
cerned  as  counsel  for  Fries,  and  also  the  district  attor- 


CHASE.  99 

ney,  of  the  judgment  which  he  had  formed  respecting  the 
law. 

With  the  approbation  of  judge  Peters,  therefore,  he  caused 
three  copies  to  be  made  of  his  opinion,  of  which,  when  the 
court  met,  he  gave  one  to  Mr.  Lewis,  and  one  to  Mr.  Rawle, 
the  district  attorney,  reserving  the  other  avowedly  for  the 
use  of  the  jury  that  should  be  impanneled.  He  told  the  law 
yers,  however,  that  he  did  not  mean  to  prohibit  their  argu 
ing  the  matter  to  the  court  or  to  the  jury. 

Mr.  Lewis  and  Mr.  Dallas,  knowing  that  their  client's 
case  was  desperate,  immediately  refused  to  attempt  any  de 
fence,  declaring  that  the  cause  had  been  prejudged.  The 
next  day  judge  Chase,  finding  the  lawyers  had,  as  judge  Pe 
ters  expressed  it,  "  taken  the  stud,'*  endeavoured  to  prevail 
on  them  to  proceed  with  the  cause,  assuring  them  of  every 
possible  privilege  and  indulgence ;  but  they  thought  the 
chance  of  obtaining  a  pardon  would  be  better  if  Fries  were 
convicted  without  any  attempt  at  a  defence,  and  they  knew 
there  was  little  hope  of  producing  a  result  different  from  the 
former  verdict. 

Fries  was  tried  without  counsel,  declining  to  allow  others 
to  be  assigned  for  him  ;  and  convicted  ;  but  afterwards  par 
doned  by  the  president. 

The  justification  of  judge  Chase's  conduct,  in  this  matter, 
was  very  plain,  to  impartial  spectators. 

He  had  no  motive  for  desiring  to  injure  the  prisoner,  or  to 
prevent  him  from  having  a  fair  trial.  His  uniform  practice 
had  been  to  war  against  the  proud,  not  the  abject.  Stern 
and  severe  as  he  was  in  the  administration  of  justice,  he 
never  had  been  known  to  be  cruel  or  oppressive.  In  appriz 
ing  the  counsel  beforehand,  of  his  opinions,  he  only  did  what 
the  customary  charge  to  the  grand  jury  always  does,  and  much 


100  CHASE. 

more  publicly,  before  the  cases  are  heard,  that  the  judge 
knows  are  to  come  before  him.  It  was  done  with  the  con 
currence  of  judge  Peters,  and  to  those  who  know  that  esti 
mable  man,  this  is  enough  to  show  therecould  have  been  no 
thing  intentionally  wrong. 

The  congress  were  at  that  time  in  session,  but  even  in  that 
arena  of  licensed  animadversion,  the  political  enemies  of  the 
judge  did  not  think  of  insinuating  a  censure.  Yet,  four  years 
after,  this  was  made  the  prominent  article  of  an  impeachment 
charging  him  with  conduct  "  arbitrary,  oppressive  and  un 
just,"  and  with  having  brought  disgrace  on  the  character  of 
the  American  bench. 

In  the  course  of  the  same  spring,  he  held  the  circuit  court  for 
the  Virginia  district.  One  Callender  had  published  a  libel,  or 
what  was  called  a  libel,  of  a  very  atrocious  character  against  the 
president ;  and  was  tried  for  it  at  this  court.  Judge  Chase  had, 
of  course,  heard  of  the  man  and  of  the  publication,  and  did  not 
consider  himself  bound  by  any  obligation  of  law  or  morality  to 
suppress  his  opinion  of  both.  He  approached  the  trial,  how 
ever,  with  no  wish  for  the  success  of  any  thing  but  justice. 
Certain  technical  questions  arose  as  to  the  competency  of  a 
juryman  and  the  admission  of  evidence,  which  the  judge  hap 
pened  to  rule  in  such  a  way  as  was  not  propitious  to  the 
views  of  the  prisoner's  counsel,  who  besides  being  disappoint 
ed  by  his  decisions  upon  these  points,  were  offended  by  the 
energy  and  abruptness  of  his  manner. 

Whether  he  was  right  in  a  legal  view,  is  a  mere  ques 
tion  of  special  pleading ;  his  decisions  were  subject  to  be 
overruled  by  a  higher  judicial  power,  but  no  appeal  was 
taken. 

In  June  of  the  same  year,  he  presided  at  a  circuit  court  for 
the  Delaware  district,  at  Newcastle.  Here  it  was  necessary 


CHASE.  101 

for  him  to  give  a  charge  to  the  grand  jury,  instructing  them 
in  the  definitions  of  the  crimes  to  which  their  attention  would 
probably  be  directed. 

The  sedition  law  was  at  this  period  in  force;  a  severe  and 
impolitic  law,  it  may  be  said  to  have  been ;  and  as  it  proved, 
an  unfortunate  enactment  for  the  principal  promoters  and  de 
fenders  of  it.  Still  it  was  the  law  of  the  land,  and  judge 
Chase  was  bound  to  carry  it  into  execution.  It  may  be  pre 
sumed,  too,  that  he  felt  no  repugnance  towards  this  perform 
ance  of  his  duty.  The  law  resembled  in  its  principles  the 
resolutions  of  congress  passed  in  1778,  which,  as  we  have 
seen,  were  founded  on  a  report,  in  the  preparation  of  which 
he  had  joined,  and  were  directed  against  the  disaffected 
Quakers,  whose  sole  offence  was  indiscreet  or  mischievous 
talking,  and  who  were  treated  on  that  occasion  with  quite 
as  much  severity  as  was  contemplated  against  the  objects  of 
the  sedition  law. 

Judge  Chase  had  always  been  in  favour  of  strong  mea 
sures,  in  the  pursuit  of  what  he  thought  a  good  object. 
Thus,  we  have  seen  him  in  1765,  joining  if  not  leading  a 
mob,  in  the  insult  to  the  stamp  distributor;  afterwards  in 
1777,  he  proposed  to  compel  the  tories  to  lend  to  congress, 
by  making  loan-office  certificates  a  tender  in  all  cases,  so 
that,  if  A,  a  whig,  owed  B,  a  tory,  instead  of  paying  him 
money,  which  B  would  not  lend  to  the  continental  govern 
ment,  he  might  pay  the  money  into  the  treasury,  and  give  B 
a  loan-office  certificate ;  a  high  handed  measure  certainly, 
this  would  have  been,  but  the  end  would  perhaps  have  justi 
fied  the  means.  So  again  in  1778,  he  recommended  the  ar 
rest  of  the  Quakers;  in  1794,  he  insisted  on  the  imprison 
ment  of  the  Baltimore  rioters,  and  it  is  not  surprising  that 


102  CHASE. 

in  1800,  he  looked  upon  the  sedition  act  as  the  wisest  and 
most  proper  of  all  possible  laws. 

He  certainly  thought  it  incumbent  on  him  to  direct  the  at 
tention  of  the  grand  jury  towards  a  newspaper  of  notoriety 
in  the  district,  which  he  understood  or  had  reason  to  believe, 
was  constantly  transgressing  the  law  intended  to  curb  the 
licentiousness  of  the  press.  Judge  Bedford,  who  sat  with 
him  on  the  bench,  did  not  think  it  necessary  to  meddle  with 
such  matters,  but  the  characteristic  observation  of  judge 
Chase  was,  "  My  dear  Bedford,  wherever  we  are,  we  must 
do  our  duty." 

Great  changes  were  seen  within  a  short  time  following 
this  period.  Mr.  Jefferson  was  elected  president,  many 
laws  were  repealed,  the  judiciary  system  was  enlarged  and 
then  again  cut  down,  the  Maryland  constitution  in  some 
points  altered  ; — but  party  spirit  remained  undiminished. 

In  the  year  1803,  when  the  disputes  on  political  questions 
had  been  very  warmly  carried  on,  the  judge  in  delivering 
a  charge  to  the  grand  jury,  at  Baltimore,  took  the  opportu 
nity  of  reading  them  a  lecture  on  politics.  This  was  rather 
out  of  time  and  out  of  place,  but  it  must  be  remembered,  that 
great  latitude  has  at  all  times  been  allowed  to  grand  juries, 
in  this  country,  and  we  have  seen  them  often  interfere  in 
matters  that  do  not  seem  to  be  at  all  within  their  legitimate 
province;  a  judge,  therefore,  in  addressing  them  on  political 
subjects,  did  not  so  much  lead  them  from  the  track  of  inquiry 
which  it  was  their  duty  to  follow,  as  sanction  a  bad  practice 
already  existing. 

The  principal  topic  of  his  address,  was  the  recent  change 
in  the  constitution  of  Maryland,  by  the  extension  of  the  right 
of  suffrage ;  an  innovation  which  he  thought  of  the  most  per 
nicious  consequence. 


CHASE.  103 

He  also  inveighed  against  the  alteration  that  had  been 
made  in  the  judiciary  system  of  the  union,  and  argued  fully 
against  doctrines  which  he  ascribed  to  the  political  leaders 
of  the  majority. 

In  January  1804,  Mr.  Randolph,  incited  by  political  ani 
mosity,  moved  in  the  house  of  representatives,  for  the  ap 
pointment  of  a  committee  to  inquire  into  the  official  character 
of  judge  Chase,  and  assured  the  house  that  there  was  ground 
for  an  impeachment. 

The  committee  made  their  report  on  the  sixth  of  March, 
recommending  an  impeachment;  and  on  the  twenty-sixth, 
the  articles  of  impeachment,  six  in  number,  were  reported. 
At  the  opening  of  the  next  session,  Mr.  Randolph  renewed 
the  matter,  and  two  new  articles  were  added.  In  due  pro 
cess  of  time  and  form,  the  senate  was  organized  as  a  court, 
and  he  was  put  on  his  trial,  which  began  on  the  second  of 
January,  and  continued,  after  an  adjournment,  on  the  fourth 
of  February,  till  the  first  of  March,  1805. 

The  accusations  were  all  founded  upon  the  conduct  which 
we  have  mentioned,  at  Philadelphia,  Newcastle,  Richmond 
and  Baltimore,  but  attributed  the  worst  of  motives  for  that 
conduct  which  we  have  described  as  proceeding  only  from  an 
earnest,  and  perhaps  excessive  love  of  justice,  and  zeal  for 
political  truth. 

The  details  of  the  trial  could  not  be  given  here,  without 
swelling  this  memoir  to  an  unreasonable  extent.  The  utmost 
efforts  of  Mr.  Randolph  and  the  other  managers  were  exerted 
to  produce  a  conviction,  and  it  was  said  that  much  reliance 
was  placed  on  the  spirit  of  party,  and  great  exertions  made 
to  obtain  an  agreement  among  the  majority  to  seize  this  op 
portunity  of  crushing  a  political  foe,  that  had  never  spared 
his  reproaches  of  their  policy,  their  principles  or  their  cha- 


104  CHASE. 

racters.  But  it  may  well  be  doubted  whether  any  such  unfair 
attempt  was  made,  and  certainly  no  such  combination  was 
formed. 

He  was  assisted  by  four  able  counsellors  and  faithful 
friends,  Messrs.  Martin,  Harper,  Hopkinson  and  Key,  by 
whom  the  defence  was  managed  with  skill  and  dignity. 
Their  arguments  were  all  extremely  cogent,  but  it  implies 
no  disparagement  to  the  others,  to  say  that  the  speech  of  Mr. 
Hopkinson,  who  was  then  a  very  young  man,  has  not  been 
exceeded,  as  a  specimen  of  powerful  and  brilliant  eloquence, 
in  the  forensic  oratory  of  our  country. 

As  to  five  of  the  charges,  he  was  acquitted  by  a  majority 
of  the  senate;  on  the  articles  relating  to  the  address  to  the 
Baltimore  grand  jury,  and  the  refusal  to  admit  evidence 
offered  on  the  trial  at  Richmond,  a  majority  of  the  senate 
voted  against  him,  but  as  a  vote  of  two-thirds  is  necessary 
to  convict,  he  was  declared  to  be  acquitted  of  the  whole. 

It  is  remarkable,  that  John  Fries,  the  prisoner  whom  he 
was  accused  in  the  first  article,  of  a  desire  and  determina 
tion  to  oppress  and  deprive  of  a  fair  trial,  some  time  after 
wards  called  on  the  judge,  at  his  house  in  Baltimore,  for  the 
avowed  purpose  of  thanking  him  for  his  impartial,  fair  and 
equitable  conduct  on  that  very  occasion. 

His  spirit  was  not  in  the  least  depressed  by  the  trial.  He 
considered  it  a  mere  persecution,  arid  was  only  the  more  con 
firmed  by  it  in  his  distrust  of  the  party  which  had  gained 
the  ascendancy.  His  health  was,  however,  at  this  time  fail 
ing,  and  he  was  obliged  to  absent  himself  during  the  progress 
of  the  impeachment,  on  account  of  a  severe  attack  of  the 
gout,  which,  added  to  the  irritation  that  he  felt  towards  his 
accusers,  rendered  him  so  impatient  of  the  restraints  which 
his  situation,  as  respondent,  imposed,  that  he  could  with 


CHASE.  105 

difficulty  be  withheld  by  his  counsel  from  breaking  out  in 
open  maledictions  and  scorn,  before  the  high  tribunal  that 
was  to  decide  upon  his  official  character. 

From  this  time  he  continued  in  the  undisturbed  exercise  of 
his  judicial  functions,  which  he  discharged  with  undimiriished 
ability ;  and  endeared  to  his  family  and  his  friends  by  the 
kindness  and  generosity  of  his  private  life  and  the  charm  of 
his  conversation,  which  was  singularly  instructive  and  agree 
able. 

Among  his  virtues,  may  be  included  a  heartfelt  piety  and 
firm  belief  in  the  truths  of  Christianity.  As  a  member  of  St. 
Paul's  parish,  he  was  at  all  times  ready  to  afford  his  useful 
assistance  and  advice  gratuitously  to  the  vestry,  on  occasions 
of  difficulty  and  embarrassment. 

In  the  year  1811,  his  health  gradually  failed  ;  his  disease 
was  slow  in  its  progress,  but  of  a  nature  to  threaten  cer 
tain  dissolution.  In  the  spring  of  this  year  he  was  com 
pelled  by  increasing  debility  to  forego  his  favourite  exercise 
of  riding  on  horseback;  but  continued  to  take  the  air  daily 
in  an  open  carriage.  On  these  occasions  he  was  always 
attended  by  one  of  his  family,  and  being  an  enthusiastic  ad 
mirer  of  the  charms  of  nature,  he  discoursed  with  animation 
on  the  scenes  that  presented  themselves  before  him.  He  was 
well  aware  that  he  had  not  long  to  remain  with  his  family, 
and  frequently  conversed  upon  the  subject,  expressing  him 
self  with  confidence  and  hope  as  a  Christian. 

A  short  time  before  his  death,  he  expressed  a  desire  to 
receive  the  sacrament,  and  held  several  conversations  on  the 
subject  with  the  clergymen  of  the  episcopal  church,  in  Bal 
timore.  It  was  accordingly  administered  to  him  by  the  late 
Dr.  Bend,  after  which  he  declared  that  he  was  in  peace  and 
charity  with  all  mankind. 
VOL.  IV.— O 


106  CHASE. 

On  the  nineteenth  day  of  June,  he  had  taken  his  customary 
airing,  and  returned  much  exhausted  hy  the  sultriness  of  the 
weather.  His  death  was  now  manifestly  approaching.  After 
the  physicians  were  summoned  to  attend  him,  he  spoke  of  his 
domestic  concerns,  gave  several  directions  concerning  his 
household,  and  was  perfectly  calm  and  resigned.  He  expos 
tulated  with  his  family  against  indulging  the  grief  which 
their  countenances  betrayed  ;  and  declined  taking  a  draught 
of  medicine  that  was  offered  to  him,  saying  as  he  put  it  aside, 
"God  gives  life."  He  expired  so  gently,  that  those  around 
him  scarcely  knew  when  he  had  ceased  to  breathe. 

His  last  will  bespeaks  a  characteristic  dislike  of  outward 
show,  in  the  direction,  that  no  mourning  should  be  worn  for 
him,  and  the  request  that  his  tomb  should  have  no  other  in 
scription  than  his  name,  with  the  dates  of  his  birth  and  his 
death. 

It  may  be  safely  said  that  Samuel  Chase  was  one  of  the 
most  extraordinary  men  of  the  age,  and  exerted  over  the 
minds  of  others  an  influence  not  less  potent  or  extensive,  than 
belonged  to  any  of  those  distinguished  persons  who  assisted 
in  the  establishment  of  this  growing  empire.  With  a  mien 
and  presence  remarkably  dignified  and  prepossessing,  a  lofty 
stature,  well  proportioned  figure,  and  handsome  countenance, 
he  was  gifted,  also,  if  not  with  "a  frame  of  adamant,"  at 
least  with  bodily  vigour  sufficient  to  support  the  most  inces 
sant  activity;  and  with  "a  soul  of  fire,"  as  truly  as  the 
restless  monarch  to  whom  it  has  been  beautifully  ascribed. 

He  seemed  to  have  been  born  for  the  occasion  and  the 
crisis ;  and  his  fine  intellect,  undaunted  courage,  and  fervid 
temperament,  all  ministered  to  the  glorious  result.  He  ar 
rived  at  manhood  just  as  the  disputes  between  the  colonies 
and  the  mother  country  began  ;  and  from  that  time  till  the 


CHASE.  107 

declaration  of  independence,  lie  moved  about  unceasingly 
like  a  flame,  casting  warmth  and  light  around  him.  His 
contagious  ardour  and  powerful  rhetoric,  made  proselytes 
of  his  wealthy  and  less  sanguine  friends,  who  having  much 
to  lose,  were  timorous  and  lukewarm  in  the  cause ;  and  thus 
were  some  recruits  enlisted  that  afterwards  sustained  their 
parts  efficiently  and  nohly.  His  influence  over  the  less  con 
siderate  was  unbounded ;  he  was  described  as  moving  per 
petually  "with  a  mob  at  his  heels."  This  was  in  the  very 
commencement  of  the  troubles,  when  he  was  the  torch  that 
lighted  up  the  revolutionary  flame  in  Maryland.  His  father 
was  opposed  to  all  these  movements  :  the  son  encouraged  an 
assemblage  of  young  patriots  to  compel  the  old  gentleman, 
with  others,  to  take  the  oaths  of  fidelity  to  the  new  govern 
ment.  Disinterested  and  consistent  in  all  things,  he  joined 
in  a  measure  which  reduced  his  father's  income;  his  own  he 
neglected  in  order  to  serve  his  country. 

We  have  seen  how  efficient  were  his  services,  and  how 
constant  his  labours  during  the  war.  As  a  judge,  he  was 
not  quite  in  his  most  appropriate  sphere;  a  colder  tempera 
ment  would  have  better  suited  the  judicial  station.  Yet  his 
faults  were  those  of  manner  only;  and  happy  would  our 
country  be  to  see  always  so  much  learning  and  excellent 
judgment,  and  pure  integrity,  in  her  judges,  as  marked  the 
judicial  character  of  Mr.  Chase. 

The  vehemence  of  his  feelings  on  the  subject  of  party  poli 
tics,  was  to  be  expected  in  a  man  who  never  had  been  luke 
warm  in  his  life.  He  could  not  separate  his  feelings  from 
his  judgment ;  and  though  he  may  have  been  mistaken,  he 
was  unquestionably  sincere  and  firmly  patriotic.  "Yes, 
sir,"  said  he  to  a  son  in  law,  r,  few  years  before  his  death, 
"  you  are  a  democrat ;  and  you  are  right  to  be  one,  for  you 


208  CHASE. 

are  a  young  man  ;  but  an  old  man,  Mr.  ,  would  be  a 

fool  to  be  a  democrat." 

Such  a  man  could  not  fail  to  make  enemies ;  but  lie  had 
the  happiness  to  retain  through  life  the  warm  attachment 
of  many  friends  whose  persevering  affection  was  a  proof  of 
his  private  virtues,  more  honourable  to  his  memory  than 
even  the  prominence  of  his  public  character. 

William  Paca  was  his  intimate  and  most  confidential  friend, 
from  the  time  of  their  beginning  the  career  of  professional 
life  and  patriotism,  in  1761,  till  his  death,  in  1799.  John 
Eager  Howard,  James  M 'Henry,  Luther  Martin,  Robert 
G.  Harper,  bishop  Carrol,  and  Nicholas  Rogers,  were  among 
his  nearest  friends ;  and  other  exalted  names  might  be  added 
to  this  enumeration. 

His  career  was  so  active ;  the  part  he  bore  in  a  period  of 
excitement  and  difficulty  so  important;  the  incidents  of  his 
long  life  so  numerous ;  that  this  sketch  must  be  considered 
as  but  an  outline,  leaving  room  for  a  future  biographer  to 
add  the  interesting  details  in  the  history  of  a  man,  whose 
actions  posterity  will  seek  to  be  more  intimately  acquainted 
with,  and  whose  character  will  be  the  more  highly  appre 
ciated  as  it  is  more  particularly  known. 


'.  bv  r.  Maverick   Ironi   n    drawing  Ly  J.B.Lougaciv   Jrom  Goplfy . 


WILLIAM  PACA. 


PACA,  the  second  son  of  John  Paca,  of  Harford 
county,  in  the  state  of  Maryland,  was  born  on  the  thirty - 
iirst;  of  October,  in  the  year  1740. 

His  father  was  possessed  of  large  estates,  and  held  an 
office,  of  trust  and  profit  under  the  provincial  government ; 
and  being  sensible  of  the  advantages  of  a  good  education, 
spared  no  expense  or  pains  to  procure  for  his  children  the 
best  instruction  that  the  country  could  supply. 

William  was  sent  to  the  college  at  Philadelphia,  then  in 
high  repute  under  the  presiding  care  of  the  learned  and  elo 
quent  Dr.  William  Smith,  and  was  placed  under  the  special 
superintendence  of  colonel  White,  father  of  the  venerable 
bishop  White,  who  watched  over  him  with  parental  anx 
iety. 

He  was  graduated  as  a  bachelor  of  arts  on  the  eighth  of 
June,  1759,  in  the  nineteenth  year  of  his  age,  and  imme 
diately  afterwards  commenced  the  study  of  the  law,  at  Anna 
polis,  in  the  office  of  Stephen  Bordley,  one  of  the  most  pro 
found  lawyers  of  his  time. 

Mr.  Paca  continued  to  be  an  industrious  student  for  four 
years,  in  the  course  of  which  period  he  contracted  a  matri- 


110 

nionial  engagement  with  Miss  Mary  Chew,  daughter  of  Sam 
uel  Chew,  a  gentleman  of  distinguished  family  and  large  for 
tune,  residing  in  Ann  Arundel  county. 

To  this  lady  he  was  united  in  May,  1761.  He  had  the 
misfortune  to  lose  her  after  a  few  years  of  happy  union,  at 
the  beginning  of  the  revolution.  They  had  five  children,  all 
of  whom  died  young,  except  their  son  John  P.  Paca  who 
still  survives,  and  married  Miss  Juliana  Tilghman,  daugh 
ter  of  Richard  Tilghman,  by  whom  he  has  several  child 
ren. 

Mr.  Para  was  admitted  to  the  bar,  at  the  provincial  court, 
on  the  eleventh  of  April,  1764,  and  established  himself 
at  Annapolis,  where  he  soon  became  eminent  in  his  profes 
sion.  He  had  been  licensed  to  practise  in  the  mayor's  court  in 
1761,  and  his  only  competitors  residing  at  Annapolis,  were 
John  Price  and  Samuel  Chase,  with  the  latter  of  whom,  af 
terwards  highly  distinguished  in  the  revolution,  he  contract 
ed  an  intimate  friendship,  which  endured  without  interruption 
until  they  were  separated  by  death.  They  both  became 
members  of  the  provincial  legislature,  where  many  oppor 
tunities  were  afforded  for  the  display  of  their  abilities,  and 
their  minds  were  trained  in  the  exercise  of  such  controversial 
powers  as  they  had  occasion  frequently  and  beneficially  to 
use,  in  after  life. 

Mr.  Paca  appeared  in  the  year  1771,  as  the  representa 
tive,  jointly  with  Mr.  Matthias  Hammond,  of  the  citizens 
of  Annapolis,  in  a  public  letter  of  thanks  to  Mr.  Charles  Car 
roll,  for  his  exertions  "  as  an  advocate  for  liberty,"  in  a  pa 
per  war  that  had  been  carried  on  with  great  spirit,  on  the 
question  of  the  right  of  the  governor  to  regulate  the  fees  of 
civil  officers  by  proclamation. 


PACA.  Ill 

The  citizens  having  chosen  those  two  young  men  to  be 
their  members  of  the  legislature,  at  the  same  time  appointed 
them  to  convey  their  approbation  to  the  able  advocate  of  the 
rights  of  the  people,  in  opposition  to  the  prerogative  of  the 
crown  ,•  and  their  letter  to  Mr.  Carroll  asserts  the  doctrine, 
which  was  still  to  be  established  through  years  of  blood 
shed  and  privation,  that  the  imposition  or  regulation  of  a  tax, 
by  executive  authority,  was  an  act  of  tyranny  not  to  be  en 
dured.  The  occasion  which  led  to  this  early  assertion  of  sound 
principles,  and  which  subsequently  produced  an  important 
occurrence  in  which  Mr.  Paca  was  the  chief  actor,  deserves 
some  explanation  and  detail.     To  understand  it  fully  it  will 
be  necessary  to  advert  to  the  organization  of  the  provincial 
government,  and  the  means  possessed  by  the  government  and 
people  to  maintain  or  resist  oppression. 

The  government,  as  established  by  the  charter  in  1632,  al 
though  well  guarded  against  any  interference  on  the  part  of 
the  king  and  parliament  over  its  domestic  concerns,  did  not 
promise  the  same  security  against  proprietary  usurpation. 
The  people  had  no  share  in  the  administration,  except  that 
the  popular  legislative  branch  belonged  exclusively  to  them; 
no  law  could  be  passed  without  their  consent.  This  privi 
lege  was  exercised  by  deputies,  duly  elected  by  the  peo 
ple,  and  forming  the  "  house  of  burgesses,"  or  lower 
house  of  assembly.  There  was  a  second  legislative  branch, 
called  the  upper  house,  the  members  of  which  held  their 
places  at  the  will  of  the  proprietor,  as  did  every  other  officer 
in  the  government,  down  to  the  lowest  constable. 

The  proprietor  himself  generally  resided  in  England,  and 
exercised  a  power  of  dissenting  from  laws,  after  they  had 
passed  through  all  the  authorities  here ;  and  his  governor,  in 


112  PACA. 

the  province,  formed  a  third  branch  of  the  legislature,  with 
out  whose  assent  no  act  of  assembly  was  complete ;  and  to 
resist  all  this  patronage,  prerogative  and  wealth,  there  was 
nothing  but  this  lower  house  of  assembly,  with  their  single 
officer,  the  serjeant  at  arms. 

Although  the  government  was  thus  armed,  oppression  was 
in  a  great  measure  averted.  There  was  from  the  beginning 
and  at  all  times,  a  protecting  spirit,  the  inhabitant  of  a  visi 
ble  body  denominated  the  country  party,  composed  of  the 
entire  provincial  population,  excepting  the  proprietary 
adherents.  This  party  sheltered  the  people,  and  their  rights 
as  British  subjects ;  the  people  were  ever  most  faithfully  re 
presented  in  their  popular  branch ;  it  was  unyielding,  daring 
and  successful.  How  could  it  be  otherwise,  when  it  was  the 
unconquerable  spirit,  which  had  induced  them  or  their  ances 
tors  to  flee  from  tyranny  and  settle  in  a  wilderness  inhabited 
by  savages. 

This  party  acted  on  a  plan  somewhat  similar  to  that  of 
the  opposition  in  the  British  parliament,  but  with  purer  mo 
tives  ;  it  was  never  without  conspicuous  leaders,  brave  and 
gifted  men,  who  believed  and  hesitated  not  to  avow  that  the 
proprietary  faction  had  no  other  feelings  towards  the  people 
of  Maryland  than  those  of  unbounded  avarice;  and  that  if 
left  to  themselves,  they  would  ruin  the  country. 

The  king  of  England  was  a  master  common  to  them  both, 
but  our  people  took  the  lead  vastly  in  professions  of  loyalty ; 
ever  avowing  that  his  majesty  was  deceived,  and  kept  in 
ignorance  by  the  proprietor,  else  he  would  call  to  severe  ac 
count,  and  probably  take  the  government  from  those  who 
oppressed  the  very  best  subjects  he  had  throughout  his  entire 
dominion.  In  truth,  justice  was  generally  on  the  side  of  the 
people  in  their  broils  with  the  proprietary  faction  ;  and  if 


PAG  A.  US 

appeals  and  fair  representations  could  have  beea  made  to  the 
king,  perhaps  he  would  in  most  instances  have  taken  side 
with  the  colonists. 

At  the  period  above  alluded  to,  between  the  years  1770 
and  1772,  there  were,  before  the  Maryland  public,  two  sub 
jects  of  great  interest,  independent  of  those  which  brought  on 
the  American  war.  The  one  related  to  an  ancient  act  of  as 
sembly,  by  which  a  general  poll  tax  had  been  laid  for  the 
support  of  the  Maryland  clergy  belonging  to  the  church  of 
England,  as  established  by  law.  This  ought  to  be  mentioned 
for  the  purpose  of  reference  to  a  learned  opinion  given  by 
Mr.  Paca  in  the  year  1772  ;  when  he  contended  against  two 
very  great  lawyers,  Daniel  Dulany  and  James  Holliday, 
that  the  act  never  had  validity ;  it  having  been  passed  by  a 
Maryland  assembly  after  its  dissolution  by  the  death  of 
William  the  third.  The  three  opinions,  which  are  very 
much  at  length  and  full,  may  be  found  in  a  compilation 
published  in  England  by  George  Chalmers ;  entitled  the 
"  Opinions  of  eminent  lawyers  on  various  points  of  English 
jurisprudence."  The  perusal  of  Mr.  Paca's  opinion  will 
satisfy  any  professional  man  that  he  was  a  well  educated  and 
profound  lawyer.  But  as  the  act  of  assembly  had  been  in 
operation  for  many  years,  he  could  do  but  little  more  than 
utter  an  unavailing  denunciation.  On  the  other  interesting 
topic,  which  produced  the  incident  above  alluded  to,  his  la 
bours  were  not  in  vain. 

Mr.  George  Chalmers,  who  published  the  above  opinions, 
as  also  a  valuable  work  called  "Political  Annals,"  was  a  law 
yer  settled  in  Baltimore  at  the  time  of  the  revolution.  He 
took  side  against  the  country,  went  to  England,  and  was 
employed  for  many  years  at  the  plantation  board ;  amongst 
whose  papers,  he  probably  found  these  documents,  as  also 
VOL.  IV.— P 


114  PACA. 

all  others  published  in  his  collection,  the  whole  of  which 
relate  to  American  colonial  affairs. 

The  legislature  of  the  province  of  Maryland  had  been  in 
the  habit,  for  many  years  antecedent  to  1770,  of  passing 
temporary  laws  for  regulating  the  staple  of  tobacco  and 
limitation  of  officers'  fees.  In  the  year  1771,  an  act  of  this 
description  expired,  and  the  house  of  burgesses  had  refused 
to  continue  it,  unless  great  alterations  were  made  in  the  fee 
rates,  which  they  considered  ambiguous,  and  greatly  above 
the  value  of  the  services  to  be  performed  by  the  proprietary 
officers;  no  agreement  could  be  made,  and  the  fee  bill  fell. 
In  this  state  of  affairs  governor  Eden  issued  a  proclamation 
advising  the  officers  to  act  under  the  old  law.  This  proceed 
ing  created  a  violent  commotion  in  the  province;  it  was 
considered  an  attempt,  on  the  part  of  the  governor,  to  legis 
late  without  the  assent  of  the  people,  and  brought  on  a  paper 
war  between  the  two  parties,  which  was  conducted  with  un 
usual  acrimony. 

As  early  as  the  twenty-eighth  of  May,  1739,  the  house  of 
burgesses  had  resolved  that  the  regulation  of  officers'  fees  by 
proclamation  or  orders  of  council  was  an  invasion  of  the 
fundamental  constitution  of  the  province,  and  in  their  session 
of  November  1770,  the  period  of  the  above  excitement,  the 
burgesses  again  resolved  unanimously  "that  the  representa 
tives  of  the  freemen  of  the  province  of  Maryland  have  the  toll 
right,  with  the  assent  of  the  other  part  of  the  legislature,  to 
impose,  establish  and  collect  taxes  or  fees,  and  that  the  impos 
ing,  establishing  or  collecting  any  taxes  or  fees,  on  or  from  the 
inhabitants  of  this  province,  under  colour  or  pretence  of  any 
proclamation  issued  by  or  in  the  name  of  the  lord  proprie 
tary,  or  other  authority,  is  arbitrary,  unconstitutional  and 
oppressive." 


PACA.  115 

Notwithstanding  these  warnings,  the  governor  issued  his 
proclamation,  and  in  the  midst  of  the  irritation  occasioned  by 
it,  the  scene  above  alluded  to  was  exhibited  in  Annapolis. 
The  country  gentlemen  affected  to  consider  the  proclamation 
so  abominably  odious  to  freemen,  that  it  deserved  nothing 
better  than  a  gibbet ;   they  accordingly,  having  a  crowd  of 
citizens,    with   Mr.    Paca   and  Mr.    Chase   at   their   head, 
in  open  day  formed  a  procession,  taking  with  them  the  said 
proclamation,  written  on  a  conspicuous  paper,  with  a  small 
coffin,  and  proceeded  to  a  gallows  erected  for  the  purpose, 
just  outside  the  city,  hanged  it  thereon  by  a  halter,  the  usual 
time  that  a  malefactor  is  suspended,  then  cut  it  down,  enclos 
ed  it  in  the  coffin,  and  buried  it  under  the  gallows, — minute 
guns  firing  from  an  elegant  armed  schooner,  belonging  to 
Mr.  Paca,  during  the  whole  ceremony.     The  gentlemen  then 
marched  back  to  the  city  in  order,  and  passed  the  rest  of  the 
day  in  festivity. 

It  may  seem  extraordinary  that  there  should  have  been  an 
armed  vessel  so  long  before  the  revolutionary  war.  It  hap 
pened  in  this  way:  the  gentlemen  whose  estates  were  situat 
ed  on  the  navigable  waters  of  the  Chesapeake,  contended 
with  each  other  for  superiority  in  their  bay  boats;  and  Mr. 
Paca  put  small  ordnance  on  board  his,  for  a  distinction ;  so 
that  when  he  came  to  Annapolis,  his  arrival  was  frequently 
announced  by  the  sound  of  cannon. 

At  this  juncture,  there  were  doubtless  many  of  the  proprie 
tor's  adherents,  perhaps  the  governor  himself,  in  the  city ; 
his  party,  strong  in  numbers,  and  some  of  them  high  spirited 
men,  were  quick  to  resent  any  thing  like  a  personal  indignity, 
and  amongst  them  there  was  a  gentleman  of  fine  talents,  a 
native  citizen  of  much  wealth,  and  descended  from  a  pa 
triotic  family,  who  had  been  educated  in  England,  with  a 


116  PACA. 

view  to  his  becoming  a  champion  on  the  side  of  the  people. 
The  proclamation  was  hung  on  his  land,  lie  had  taken  an 
active  part  for  the  government,  and  wrote  largely  in  favour 
of  prerogative ;  the  publications  were  long,  numerous  and 
harsh :  they  yet  exist  in  the  ancient  file  of  newspapers  en 
titled  the  Maryland  Gazette. 

By  such  means  as  those  above  mentioned,  and  good  manage 
ment,  in  a  bold,  timely,  intimidating  expression  and  display 
of  public  opinion,  ever  at  variance  with  authorities  derived 
from  hereditary  power;  subordinate  nevertheless  to  a  com 
mon  sovereign ;  our  people  kept  these  authorities,  continually 
under  a  kind  of  discipline,  and  within  constitutional  bounds. 
This  was  better  for  them,  than  if  the  encounters  had  been 
immediately  with  the  king  himself.  The  controversy  was 
without  cessation,  especially  between  the  two  houses  of  as 
sembly,  and  often  with  the  proprietary  governor.  Thus  it 
was  continued  down  like  an  inheritance  from  father  to  son, 
and  so  it  came  to  Mr.  Paca,  and  to  others  most  worthy  to  be 
named,  such  as  John  Hall,  Samuel  Chase,  Matthew  Tilgh- 
man,  Thomas  Johnson,  jr.  and  a  host  of  others. 

In  his  day,  Mr.  Paca  and  Mr.  Chase  were  the  soul  of  the 
country  party ;  the  efforts  of  which  against  ministerial 
and  proprietary  oppression,  were  manifestly  successful ;  as 
will  appear,  by  looking  into  Bacon's  edition  of  the  laws  of 
Maryland.  The  provincial  system  of  jurisprudence,  was 
well  calculated  to  secure  public  liberty,  and  the  right  of  self- 
government. 

When  the  struggle  did  actually  come,  in  1774,  against  the 
king  and  parliament,  could  there  be  spirits  better  calculated, 
than  those  of  Mr.  Paca  and  his  associates,  to  resist  a  tyrant? 
They  were  trained  to  such  exercises ;  their  rights  as  British 
subjects  had  been  under  the  severest  discussion  for  more 


PACA.  11? 

than  a  century  ;  and  no  colonists  in  America  had  a  hetter 
knowledge  of  them,  or  were  more  resolute  in  their  defence ; 
their  history  is  little  known,  because  it  was  like  a  family 
quarrel,  and  unheard  of  except  within  their  own  boundaries-; 
whereas,  that  of  the  other  colonies,  except  Pennsylvania,  was 
from  the  beginning,  with  the  king  himself,  and  of  course  a 
subject  of  greater  notoriety.  There  may  yet  arise  some  one 
to  tell  their  tale. 

When  the  act  of  parliament  which  closed  the  port  of 
Boston  was  first  heard  of,  a  convention  of  deputies  from  the 
patriotic  portion  of  the  community  in  each  county  of  Mary 
land,  assembled  for  the  purpose  of  consultation.  The  senti 
ment  of  indignation  against  this  act  of  vindicative  tyranny 
was  universal,  as  was  the  feeling  of  sympathy  for  the  injured 
Bostonians ;  no  definite  course  could,  however,  yet  be  pointed 
out,  as  the  most  likely  to  lead  to  a  redress  of  grievance ;  but 
a  congress  of  the  several  colonies  having  preceded,  if  not 
occasioned,  the  repeal  of  the  stamp  act,  a  few  years  before,  a 
similar  measure  at  once  suggested  itself  to  the  minds  of  all. 
The  committee  of  correspondence  of  Massachusetts  had  writ 
ten  letters,  proposing  such  an  assembly  to  be  held  at  Phi 
ladelphia;  and  the  Maryland  convention,  acceding  to  the 
plan,  appointed  Mr.  Paca,  along  with  Mr.  Chase  and  three 
others,  to  attend  the  congress,  "to  effect  one  general  plan  of 
conduct,  operating  on  the  commercial  connexion  of  the  colo 
nies  with  the  mother  country,  for  the  relief  of  Boston  and 
the  preservation  of  American  liberty.5' 

The  proceedings  of  that  illustrious  congress  are  too  well 
known,  to  require  that  they  should  be  detailed  here.  The  object 
in  view  was  conciliation,  and  a  chief  part  of  the  business  trans 
acted  during  the  session,  was  the  preparation  of  the  eloquent 
addresses  or  memorials  to  the  king,  the  people  of  Great 


118  PACA, 

Britain,  and  the  people  of  the  colonies.  Besides  issuing 
these  immortal  state  papers,  the  congress  adopted  the  non 
importation  association,  and  all  the  members  signed  it  in  the 
vain  hope,  that  such  an  evidence  of  the  seriousness  of  their 
feelings,  and  sincerity  of  their  belief  that  injury  had  been 
done  to  them,  would  have  some  effect  on  the  determinations 
of  the  ministry,  or  the  disposition  of  the  British  nation. 

The  most  remarkable  clause  in  this  agreement,  or  that 
which  now  strikes  the  mind  of  the  reader  most  forcibly,  as 
illustrative  of  the  honourable  feelings  which  prevailed  here, 
contrasted  with  the  narrow  prejudices  of  the  British  govern 
ment,  is  the  one  by  which  the  slave  trade  was  to  be  renounced 
and  discouraged.  Thus  early  did  the  American  people  bear 
emphatic  testimony  against  that  inhuman  traffic,  which  the 
British  government  not  only  continued  to  permit,  but  in  an 
unaccountable  spirit  of  double  cruelty,  strenuously  endea 
voured  to  force  upon  the  unwilling  colonies. 

In  December  of  the  same  year,  the  same  delegates  with  the 
addition  of  Mr.  John  Hall  and  Mr.  Thomas  Stone,  were 
elected  to  represent  the  province  of  Maryland  in  the  next 
continental  congress,  with  ample  power  to  agree  to  all 
measures  which  might  there  be  deemed  necessary  to  obtain 
a  redress  of  American  grievances.  And  the  same  appoint 
ment  was  renewed  the  following  summer. 

Mr.  Paca's  talents  for  business  were  appreciated,  and  he 
was  called  upon  to  serve  on  several  laborious  committees  in 
the  year  1775,  when  he  was  a  constant  attendant  in  his  place. 
Among  these  were  the  committees  charged  with  the  considera 
tion  of  the  critical  condition  of  North  Carolina  and  Virgi 
nia  ;  and  that  selected  for  the  purpose  of  devising  means  to 
raise  a  naval  armament. 


PACA.  119 

Scarcely  had  he  liberty  to  withdraw  his  close  attention 
from  the  peculiar  difficulties  of  the  south,  before  he  was  ap 
pointed  to  attend  to  an  alarm  from  the  colony  of  New  York. 
And  while  he  was  devoting  his  mind  to  these  duties,  his  purse 
was  open  to  the  use  of  his  public  spirited  countrymen  ;  a  vo 
lunteer  corps  of  whom  he  and  his  friend  Chase  supplied  with 
rifles,  at  an  expense  of  nearly  a  thousand  dollars. 

Mr.  Paca  was,  during  the  year  1775,  and  part  of  1776,  re 
strained  from  openly  advocating  that  national  independence 
to  which  he  was  looking  forward  with  such  anxious  hope,  and 
for  the  attainment  of  which  he  was  labouring  so  zealously  in 
all  the  affairs  appertaining  to  a  state  of  actual  war,  that  were 
agitated  in  congress. 

The  people  of  Maryland  were  not  yet  ready  for  a  step  so 
decisive  as  a  total  renunciation  of  the  royal  authority  ;  and 
it  having  been  rumoured  that  such  a  plan  was  advocated  by 
some  rash  persons,  the  convention  early  in  the  year  1776,  in 
great  alarm  least  the  young  men  that  represented  that  pro 
vince  in  congress  should  join  in  such  a  measure,  tied  them  up 
by  instructions  which  strictly  enjoined  upon  them  not  to  con 
sent  to  any  proposition  for  declaring  the  colonies  indepen 
dent;  a  resolution  was  at  the  same  time  adopted,  that  Mary 
land  "  would  not  be  bound  by  the  vote  of  a  majority  of  con 
gress  to  declare  independency,"  accompanied  with  strong 
professions  of  loyalty  and  affection  towards  the  king  and 
mother  country,  and  an  assertion  that  Maryland  did  not  en 
tertain  any  views  or  desire  of  independency. 

Under  this  galling  bondage  were  Mr.  Paca  and  his  col 
leagues  obliged  to  rest.  They  did  not  resign,  because  they 
hoped  for  a  change  in  the  wishes  of  their  constituents,  and 
they  feared  to  vacate  those  places  which  might  be  filled, 


120 

under  the  influence  of  the  unhappy  spirit  then  prevalent,  with 
men  of  opposite  principles  to  their  own. 

Mr.  Paca  continued  therefore  in  the  assiduous  discharge  of 
liis  duties,  contributing  his  efforts  to  produce  such  a  state 
of  affairs  as  he  hoped  would  render  a  separation  from  Great 
Britain,  less  repugnant  to  the  inclinations  of  Maryland, 
He  accordingly  assisted  in  planning  a  naval  armament, 
which  according  to  his  instructions  could  carry  no  indepen 
dent  flag  ;  in  the  procuring  of  saltpetre  and  other  munitions, 
for  a  war  to  he  waged  against  the  forces  of  a  king,  to  whom 
the  Maryland  convention  were  offering  vows  of  loyal  attach 
ment  ;  and  in  the  organization  of  an  army  to  be  em 
ployed  in  resisting  the  orders  of  that  government,  from 
which  his  constituents  declared  they  had  no  wish  to  sepa 
rate. 

In  the  middle  of  May,  at  the  very  time  when  congress 
were  declaring,  that  the  royal  authority  had  ceased,  and  re 
commending  to  the  respective  colonies  to  organize  govern 
ments  founded  on  the  authority  of  the  people,  the  Maryland 
convention  repeated  their  restrictions. 

This  state  of  affairs,  however,  could  not  last  long.  The 
exertions  of  the  leading  gentlemen  on  the  patriotic  side  were 
indefatigable,  and  the  convention  were  induced,  on  the 
twenty-eighth  of  May,  to  dispense  with  prayers  for  the  king 
and  royal  family.  This  first  step  being  taken,  the  rest  became 
more  easy,  and  finally,  on  the  twenty-eighth  of  June,  the 
convention  recalled  their  instructions  and  left  the  dele 
gates  free  to  vote  according  to  their  inclinations,  upon  the 
question  then  under  discussion  before  congress,  of  issuing 
immediately  a  declaration  of  independence.  Thus  being  re 
leased  from  the  trammels  that  had  confined  him,  Mr.  Paca 


PACA.  121 

gave  his  cordial  vote  in  favour  of  the  proposition,  and 
inscribed  his  name  upon  the  declaration,  which  is  destined  to 
be  read  by  the  remotest  posterity. 

On  the  day  when  the  declaration  was  dated,  Mr.  Paca  was 
re-elected  a  delegate,  and  within  a  few  weeks  he  had  the 
satisfaction  to  see  a  resolution  of  the  Maryland  convention, 
approving  of  the  decisive  step,  and  pledging  the  lives  and 
fortunes  of  the  members  in  support  of  it.  He  was  again  chosen 
on  the  fifteenth  of  November  of  the  same  year,  and  on  the  fif 
teenth  of  February,  1777,  and  continued  to  be  an  active  and 
efficient  member  of  congress,  during  that  season  of  severe 
trial  and  anxiety.  He  finally  retired  from  congress  at  the 
close  of  the  following  year. 

Nor  was  it  merely  in  the  general  councils  of  the  confedera 
tion  that  Mr.  Paca  took  part  during  this  period.  He  was 
at  the  same  time  actively  employed  in  maintaining  the  good 
cause  among  the  citizens  of  his  own  state,  encouraging  them 
to  persevere,  and  employing  all  the  resources  of  his  mind  to 
combat  with  the  unceasing  difficulties  into  which  the  declara 
tion  of  independence  had  thrown  them.  Although  an  actual 
delegate  in  congress,  he  served  as  a  member  of  the  council  of 
safety,  whose  duty  it  was  made  to  regulate  all  operations  for 
the  security  of  the  state,  and  to  provide  for  its  safety  and  de 
fence;  employing  his  personal  exertions  for  the  fulfilment  of 
his  trust,  and  animating  his  countrymen  by  his  zeal  as  well 
as  by  the  readiness  with  which  he  embarked  and  rigqued  his 
large  and  much  exposed  property.  In  the  month  of  August 
1776,  after  having  affixed  his  name  to  the  declaration  of  in 
dependence,  he  went  to  the  state  convention  assembled  at 
Annapolis,  and  as  a  delegate  from  that  city,  took  a  promi 
nent  part  in  the  discussions  on,  and  formation  of  a  new  con 
stitution  founded  on  the  change  of  government.  In  this  con- 
Vot.  IV — Q 


122  PACA. 

vention  he  warmly  advocated  all  the  principles  which  he  had 
supported  in  congress,  principles  which  should  render  the 
new  state  a  useful  and  powerful  member  of  the  great  con 
federation,  into  which  she  now  entered  as  a  sovereign  power. 
On  the  adoption  of  the  new  constitution,  it  will  he  supposed 
that  he  was  not  omitted  among  those  whom  the  people 
called  on  to  administer  its  offices  ;  he  was  immediately  elected 
to  the  senate,  and  held  that  post  for  nearly  two  years.  In 
December,  1786,  he  was  again  chosen  to  the  same  station, 
but  shortly  afterwards  resigned  it.  It  may  he  remarked, 
that  his  popularity  was  not  confined  to  the  place  of  his  resi 
dence,  as  he  was  at  different  periods  a  representative  both  of 
the  Eastern  and  Western  Shores  of  Maryland. 

In  the  year  1777,  Mr.  Pacawas  married  a  second  time,  to 
Miss  Anna  Harrison,  the  second  daughter  of  a  highly  re 
spectable  gentleman  of  Philadelphia,  hut  as  in  the  previous 
instance,  without  long  enjoying  the  happiness  of  his  union. 
That  lady  died  in  the  year  1780,  leaving  a  son  who  did  not 
long  survive  her. 

Early  in  the  year  1778,  he  accepted  the  appointment  of 
chief  judge  of  the  superior  court  of  his  state,  a  station  for 
which  he  was  perfectly  well  qualified  by  his  legal  acquire 
ments  and  elevated  character ;  and  the  functions  of  which  he 
continued  to  perform,  with  honour  to  himself  and  advantage 
to  the  state,  until  the  year  1780,  when  he  was  appointed  by 
congress  chief  judge  of  the  court  of  appeals,  in  prize  and 
admiralty  cases.  This  station  was  new  and  arduous ;  it  was 
a  branch  of  law  relative  to  which  he  could  have  had  no  pre 
vious  opportunity  of  gaining  more  than  the  most  loose  and 
general  knowledge,  yet  one  in  which  as  it  involved  materially 
the  rights  of,  and  intercourse  with  foreign  nations,  a  very 
sound  judgment  was  required.  The  duties  of  the  office  he 


PACA.  123 

performed  with  singular  discretion,  and  with  unimpeached 
correctness  and  integrity.  His  decisions  met  with  the  ap 
probation  of  foreign  governments  and  jurists,  and  several  of 
them  were  so  much  esteemed  as  to  draw  from  the  count  do 
Vergennes,  at  that  time  prime  minister  of  France,  an  expres 
sion  of  high  admiration,  which  he  directed  the  chevalier  de 
la  Luzerne,  the  envoy  of  that  nation,  to  communicate  in  his 
name  to  Mr.  Paca. 

From  his  duties  to  the  confederation,  he  was  soon  recalled 
to  fulfil  the  more  immediate  claims  of  his  own  fellow  citizens. 
On  the  fifteenth  November,  1782,  he  was  chosen  governor  of 
his  native  state.  The  manner  in  which  he  performed  the  duties 
of  this  office  was  full  of  dignity  and  simplicity  ;  his  attention 
was  always  strict  and  his  judgment  careful  and  correct. 
But  he  did  not  think  it  sufficient  to  confine  himself,  merely 
to  those  acts  which  a  strict  interpretation  of  official  requisites 
might  have  demanded.  He  took  especially  under  his  care, 
the  interests  of  literature  and  religion,  which  had  of  course 
suffered  a  rude  shock,  during  the  long  war  that  had  pre 
vailed,  and  the  overthrow  or  change  of  many  existing  insti 
tutions.  He  promoted,  both  by  his  public  efforts  and  by  his 
private  donations,  the  establishment  of  a  college,  named  after 
the  "father  of  hjs  country,"  at  Chestertown,  on  the  Eastern 
Shore  of  Maryland;  and  at  the  first  commencement  for  con 
ferring  degrees  held  within  its  walls,  he  had  the  gratification 
of  receiving  from  the  youthful  graduates  a  grateful  expres 
sion  of  their  feelings,  and  an  unexpected  tribute  to  his  worth. 
"  To  you,"  said  the  young  gentleman  turning  to  Mr.  Paca, 
as  he  delivered  the  valedictory  address,  on  behalf  of  his  com 
panions  ;  "to  you  in  particular,  most  excellent  sir,  who 
(yourself  a  scholar  and  a  patron  of  literature,  and  filling  the 
seat  of  government  in  this  state  with  dignity  and  virtue,) 


124  PACA. 

think  it  even  an  addition  to  your  other  honours  to  take  a 
share  in  the  government  of  this  institution,  and  to  animate 
us  with  your  applauding  presence,  we  owe  every  mark  of  the 
deepest  gratitude  and  respect." 

The  same  paternal  care  which  he  thus  displayed  on  behalf 
of  literature  he  extended  to  religion;  not  the  religion  of  a 
sect  or  a  party,  but  that  general  inculcation  and  diffusion  of 
the  great  principles  of  sacred  truth,  which  as  they  form  the 
happiness  of  individuals,  so  they  secure  the  welfare  of  na 
tions.  Peace  was  scarcely  established,  when  in  an  address 
to  the  general  assembly  he  thus  revived  a  subject,  which  he 
justly  deemed  inseparably  connected  with  the  interest  of  the 
state.  "It  is  far  from  our  intention"  said  he,  "to  embarrass 
your  deliberations  with  a  variety  of  objects ;  but  we  cannot 
pass  over  matters  of  so  high  concernment  as  religion  and 
learning.  The  sufferings  of  the  ministers  of  the  gospel  of 
all  denominations,  during  the  war,  have  been  very  con 
siderable  ;  and  the  perseverance  and  firmness  of  those,  who 
discharged  their  sacred  functions  under  many  discouraging 
circumstances,  claim  our  acknowledgments  and  thanks.  The 
bill  of  rights  and  form  of  government  recognize  the  principle 
of  public  support  for  the  ministers  of  the  gospel,  and  ascer 
tain  the  mode.  Anxiously  solicitous  for  the  blessings  of 
government,  and  the  welfare  and  happiness  of  our  citizens, 
and  thoroughly  convinced  of  the  powerful  influence  of  reli 
gion,  when  diffused  by  its  respectable  teachers,  we  beg  leave 
most  seriously  and  warmly  to  recommend,  among  the  first 
objects  of  your  attention,  on  the  return  of  peace,  the  making 
such  provision,  as  the  constitution,  in  this  case,  authorizes 
and  approves." 

This  suggestion  was  met  with  a  corresponding  spirit  by 
the  legislature ;  and  some  of  the  sects  at  that  time  most  nu- 


PACA  125 

merous  in  the  state,  obtained  its  aid.  The  episcopalians* 
especially,  having  met  in  convention  about  that  time,  prepared 
and  presented  to  the  governor  an  address,  in  which  they 
thanked  him  for  his  "  great  care  and  attention  manifested 
for  the  Christian  church  in  general,  and  her  suffering  clergy 
of  all  denominations;  and  prayed  the  continuance  of  his 
powerful  intercession,  till  some  law  is  passed  for  their  future 
support  and  encouragement,  agreeably  to  the  constitution." 
And,  in  the  same  liberal  and  catholic  spirit,  Mr.  Paca,  an 
swered,  "  That  it  would  give  him  the  highest  happiness  and 
satisfaction,  if  either  in  his  individual  capacity  or  public 
character,  he  could  be  instrumental  in  advancing  the  in 
terests  of  religion  in  general,  alleviating  the  sufferings  of 
any  of  her  ministers,  and  placing  every  branch  of  the  Chris 
tian  church  in  the  state,  upon  the  most  equal  and  respectable 
footing." 

At  the  meeting  of  the  convention  of  the  same  church  in  the 
following  year,  his  friend,  the  learned  Dr.  Smith,  dedicated 
to  him  the  sermon  which  he  delivered  by  appointment. 

In  the  summer  of  1784,  the  members  of  the  society  of  Cin 
cinnati,  in  the  state  of  Maryland,  met  at  Annapolis,  and 
elected  Mr.  Paca  their  vice  president,  an  office  which  he 
appears  to  have  held  until  his  death. 

No  governor  ever  presided  over  a  state  with  more  popu 
larity  than  Mr.  Paca.  He  was  not  only  strictly  attentive  to 
his  duties,  but  remarkably  conciliating  and  prepossesing  in 
his  deportment.  To  young  men  especially  he  was  always  kind, 
and  did  every  thing  in  his  power  to  promote  their  improve 
ment.  He  was  in  the  habit,  while  at  Annapolis  in  his  official 
character  during  the  winter  season,  and  when  the  meeting  of 
the  legislature  collected  there  all  the  men  of  intellect  and 
science  of  the  state,  to  have  meetings  or  clubs  to  which  they 


126  PACA. 

were  invited  to  hear  the  discussions  of  young  law  students, 
on  questions  and  subjects  which  he  proposed  himself,  and  in 
selecting  which  he  generally  adopted  those  that  were  intri 
cate,  and  led  to  the  acquisition  of  practical  knowledge.  Many 
men  who  have  since  been  highly  distinguished,  both  as  states 
men  and  lawyers,  were  trained  in  this  ^admirable  school.  It 
was  there  that  the  celebrated  William  Pinkney  began  to 
shine,  there  first  exhibiting  those  talents  which  in  after  time 
excited  the  admiration  of  all  who  listened  to  him.  It  was 
even  then  remarked  by  those  who  knew  him,  that  this  great 
advocate  prepared  himself  for  speaking  in  the  same  elaborate 
manner  which  he  continued  always  to  use.  He  wrote  a  great 
deal  preparatory  to  public  speaking,  not  with  a  view  to  re 
peat  what  he  had  written,  but  to  sketch  his  thoughts  on  paper 
that  nothing  might  escape  him,  and  that  he  might  seize  and 
embellish  to  their  full  extent  such  as  were  brilliant;  these  he 
would  introduce  at  their  proper  places  with  wonderful  effect ; 
in  his  orations  there  were  many  such,  which  were  so  happily 
managed  as  to  have  all  the  appearance  of  unpremeditated 
ebullitions. 

Mr.  Paca  was  a  man  of  remarkably  graceful  address,  fine 
appearance,  and  polished  manners,  he  had  mixed  long  in  the 
best  society,  and  had  improved  his  social  powers  to  a  very 
high  degree  of  refinement.  In  the  office  of  governor  his  su 
periority  in  these  respects  was  very  strikingly  displayed, 
and  the  courtesies  of  the  executive  mansion  have  never  been 
more  elegantly  sustained,  than  during  his  tour  of  office. 

Mr.  Paca  retired  after  one  year's  tenure,  from  the  chief 
magistracy,  and  remained  in  private  life  until  1786,  when, 
upon  the  death  of  general  Smallwood,  he  again  received  and 
accepted  the  office  of  governor,  which  he  filled,  as  before, 
but  for  one  year. 


PACA.  127 

He  subsequently  served  in  the  state  convention  which  rati 
fied  the  federal  constitution,  and  after  the  organization  of  the 
new  form  of  government,  he  received  on  the  twenty-second 
of  December,  1789,  an  honourable  testimony  of  the  appro 
bation  of  his  fellow-citizens  in  being  appointed  judge  of  the 
district  court  of  the  United  States  for  Maryland.  The  new- 
government  had  just  been  organized,  and  the  president  dis 
played  in  his  selection  of  persons  to  fill  the  offices,  that  pru 
dence,  patriotism,  and  sound  sense  which  distinguished  all 
the  actions  of  his  life.  We  have  inserted  in  the  life  of  Francis 
Hopkinson,  an  admirable  letter,  addressed  to  him  on  confer 
ring  judicial  office,  and  that  which  he  wrote  to  Mr.  Paca,  is 
equally  worthy  of  preservation.  They  both  indeed  present 
one  feature  somewhat  uncommon  in  these  days,  the  solicita 
tion,  not  to  the  government  to  grant,  but  the  individual  to 
accept  office.  General  Washington's  letter  is  dated  the 
twenty-fourth  of  December,  1789,  and  is  in  the  following 
terms  : 

"Sir — The  office  of  judge  of  the  district  court  in  and  for 
the  district  of  Maryland,  having  become  vacant,  I  have  ap 
pointed  you  to  fill  the  same,  and  your  commission  therefor 
is  enclosed. 

"You  will  observe  that  the  commission  which  is  now  trans 
mitted  to  you,  is  limited  to  the  end  of  the  next  session  of  the 
senate  of  the  United  States.  This  is  rendered  necessary  by 
the  constitution,  which  authorizes  the  president  of  the  United 
States  to  fill  up  such  vacancies  as  may  happen  during  the 
recess  of  the  senate ;  and  appointments  so  made  shall  expire 
at  the  end  of  the  ensuing  session,  unless  confirmed  by  the 
senate.  However,  there  cannot  be  the  smallest  doubt,  but 
the  senate  will  readily  ratify  and  confirm  this  appointment, 


128  PACA. 

when  your  commission  in  the  usual  form  shall  be  forwarded 
to  you.  I  presume,  Sir,  it  is  unnecessary  for  me  to  advance 
any  arguments  to  shew  the  high  importance  of  the  judicial 
system  to  our  national  government,  and  of  course,  the  neces 
sity  of  having  respectable  and  influential  characters  placed 
in  the  important  cGces  of  it.  And  as  I  have  not  a  doubt  but 
you  are  desirous  of  doing  every  thing  in  your  power  to  pro 
mote  the  happiness  and  welfare  of  our  country,  I  flatter 
myself  you  will  accept  this  appointment.  I  am  &c." 

In  the  year  1790,  he  held  the  first  circuit  court,  with  judge 
Blair  of  the  supreme  court,  and  continued  in  the  regular  and 
able  discharge  of  his  judicial  duties  from  that  time  until  the 
year  1799,  when,  in  the  sixtieth  year  of  his  age,  and  with 
faculties  unimpaired,  and  a  character  untarnished,  he  fell  a 
victim  to  disease,  leaving  to  his  family  the  inheritance  of  a 
name  illustrious  for  the  virtues  of  public  and  private  life,  and 
to  his  country  the  example  of  a  superior  mind,  devoted  with 
pure  disinterestedness  to  the  establishment  of  her  liberties. 


THOMAS    STONE. 


THE  patriots  who  conducted  our  revolution,  were  generally 
men  of  exceeding  modesty.  Notwithstanding  the  importance 
of  their  actions,  many  of  them  arc  now  distinguished  in  re 
collection  hy  little  that  is  peculiar  in  character  or  conduct. 
The  diversity  of  talent  and  disposition,  was  not  always  dis 
cernible  among  men  drawn  forth  from  the  privacy  of  domestic 
life,  hy  the  same  public  emergency,  and  moving  with  such 
unanimity  as  prevented  any  one  from  standing  out  conspi 
cuously  before  the  rest 

Where  all  were  ready  to  go  forward,  there  could  scarcely 
be  any  leaders ;  and  in  so  harmonious  an  assembly  as  the 
first  congress,  the  particular  characteristics  of  each  member 
were  not  easily  to  be  inferred  from  his  votes. 

It  has  happened,  therefore,  that  some  of  those  excellent 
persons  returned  to  the  shades  of  private  life  when  their 
noble  task  had  been  performed,  and  were,  in  a  measure,  over 
looked  by  their  compeers,  whose  attention  was  engrossed 
by  the  events  of  an  anxious  period,  involving  their  own 
safety  as  well  as  the  freedom  and  honour  of  their  country. 

In  such  instances,  however,  the  immediate  friends  of  the 
retiring  patriot  have  generally  cherished  the  remembrance  of 
such  peculiarities  as  belonged  to  him  ;  and  however  undiversi- 
VOL.  IV.— R 


130  STONE. 

fied  with  striking  incidents  may  have  been  the  tenor  of  his 
life,  there  is  still  something  to  be  told  of  him  to  gratify  a 
rational  curiosity. 

Few  distinguished  names  have  faded  more  rapidly  from 
public  view  than  that  of  THOMAS  STONK  ;  yet  none  are  remem 
bered  with  more  unqualified  respect  by  a  circle  of  surviving 
friends,  whose  exalted  characters  give  an  unmeasured  value 
to  their  approbation. 

He  was  lineally  descended  from  William  Stone,  the  go 
vernor  of  Maryland,  during  the  protectorate  of  Oliver  Crom 
well,  and  was  the  son  of  David  Stone,  of  Pointon  Manor, 
Charles  county,  Maryland. 

His  mother  was  a  sister  of  Daniel  of  St.  Thomas  Jenifer, 
a  gentleman  of  distinction  under  both  the  proprietary  and 
state  governments,  being  for  many  years  lord  Baltimore's 
agent  in  the  province,  a  member  of  the  executive  council,  and 
one  of  the  judges  of  the  provincial  court ;  and  subsequently 
president  of  the  state  senate,  delegate  to  congress,  and  a  mem 
ber  of  the  convention  which  formed  the  federal  constitution. 

He  was  born  in  the  year  1743,  and  was  remarkable  in 
early  youth  for  the  zealous  pursuit  of  knowledge,  and  untiring 
industry,  which  continued  to  distinguish  him  through  the 
whole  of  his  life. 

It  is  asserted,  that  in  his  boyhood,  at  the  age  of  fifteen, 
his  anxiety  to  acquire  a  classical  education  was  so  great,  as 
to  induce  him,  contrary  to  the  prejudices  of  his  father,  who 
set  little  value  on  an  acquaintance  with  Greek  or  Latin, 
to  be  removed,  at  his  own  earnest  entreaty,  from  an  English 
school  to  the  school  of  a  Mr.  Blaizedel,  a  Scotchman,  who 
taught  the  learned  languages.  This  school  was  about 
ten  miles  distant  from  his  father's  residence;  but  it  was 
his  constant  habit,  until  he  had  made  himself  conversant 


STONE.  131 

with  Latin  and  Greek,  to  rise  at  dawn,  saddle  his  horse,  and 
appear  in  school  with  the  other  pupils.  An  opportunity  of 
acquiring  this  education,  was  the  only  inheritance  which  he 
ever  received  from  his  parents ;  although  his  father,  was  pos 
sessed  of  a  large  estate  in  land.  According  to  the  opinion 
then  entertained  of  the  rights  of  primogeniture,  Pointon 
Manor  hecaine  the  property  of  Samuel,  the  elder  son,  of  a 
former  marriage;  and  Thomas,  when  removed  from  the 
school  of  Mr.  Blaizedel,  found  himself  under  the  necessity 
of  borrowing  money  in  order  to  prosecute  the  study  of  law. 
This  he  did  in  the  city  of  Annapolis,  under  the  auspices  of 
Thomas  Johnson,  for  whom  he  ever  afterwards  manifested  a 
filial  regard.  He  commenced  the  practice  of  the  law  in 
Frederick  town,  in  Maryland,  and  after  two  years  he  re 
moved  to  Charles,  county  in  the  same  state.  During  these 
two  years,  he  liquidated  the  debt  contracted  while  acquir 
ing  his  legal  education  ;  and  in  the  year  1771,  previous 
to  his  removal,  he  married  Margaret  Brown,  the  youngest 
daughter  of  Dr.  Gustavus  Brown,  of  that  county.  The  only 
property  which  this  lady  possessed,  was  the  sum  of  one  thou 
sand  pounds  sterling.  He  was  married  in  his  twenty-eighth 
year,  and  his  practice  at  that  time  was  neither  extensive  nor 
lucrative.  Great  expectations  were,  however,  entertained  of 
him  at  this  time.  His  decorous  deportment,  his  great  indus 
try  and  attention  to  business,  his  steady,  and  perfectly  cor 
rect  habits,  his  manly  and  independent  conduct,  and  above 
all,  the  opinion  that  was  generally  possessed,  of  his  inflexible 
and  incorruptible  integrity,  inspired  hopes,  that  were  never 
disappointed,  that  he  was  destined  to  be  an  honour  and  orna 
ment  to  his  profession  and  his  country.  After  his  marriage, 
he  purchased  a  farm,  near  the  village  of  Port  Tobacco.  Upon 
this  farm  his  family,  with  four  of  his  infant  brothers,  resided 


132  STONE. 

during  the  revolutionary  struggles.  This  was  the  most  ar 
duous  period  of  his  life.  The  farm  which  he  had  purchased 
was  extensive,  hut  the  soil  was  thin ;  the  courts  of  justice 
were  partially  closed  to  his  professional  exertions ;  and  his 
time  and  talents  were  called  to  the  aid  of  his  suffering 
country. 

The  following  letter,  dated  the  twenty-eighth  of  April, 
1775,  was  written  at  Annapolis,  while  he  was  a  memher  of 
the  Maryland  assembly,  and  was  addressed  to  Mrs.  Stone  : 

"  We  have  this  day  received  a  confirmation  of  the  unhappy 
contest  hetween  the  king's  troops,  and  the  people  of  New 
England  ;  and  I  am  afraid  it  is  too  true.  This  will  reduce 
both  England  and  America,  to  a  state  which  no  friend  of 
either,  ever  wished  to  see ;  how  it  will  terminate  God  only 
knows.  My  heart  is  with  you,  and  I  wish  it  was  in  my 
power  to  see  you,  hut  many  gentlemen  insist  that  I  should 
stay  to  assist  in  deliberation  on  those  important  affairs.  I 
wish  to  do  my  duty,  and  shall  be  obliged  to  stay  here  longer 
than  I  expected,  but  I  hope  to  see  you  on  Sunday,  if  nothing 
new  occurs. 

"We  have  accounts,  that  numbers  of  people  are  killed  on 
both  sides ;  which  I  am  apprehensive,  will  preclude  all  hopes 
of  a  reconciliation  between  this  and  the  mother  country  :  a 
situation  of  affairs,  which  all  thinking  men  must  shudder  at. 

"I  wished  to  have  heard  from  you,  by  post,  but  presume 
you  thought  I  would  be  in  Charles  before  this. 

"  People  here  seem  to  feel  very  severely  on  the  present 
occasion.  I  have  determined  to  act  according  to  the  best  of 
my  judgment,  rightly;  but,  in  the  important  and  dangerous 
crisis  to  which  we  are  reduced,  the  best  may  err.  Pray  God 
preserve  you,  and  bless  our  little  ones.  We  are  like  to  see 
times,  which  will  require  all  our  fortitude  to  bear  up  against. 


PACA.  133 

We  must  do  our  best,  and  leave  the  event  to  Him,  who  rules 
the  affairs  of  men.  I  am  in  haste,  most  affectionately  yours, 
&c." 


He  had  not  at  this  date  commenced  his  career  as  a 
ber  of  congress. 

The  excitement  produced  by  the  stamp  act  had  been  shared 
by  him  in  a  great  degree  proportioned  to  the  ardent  tempera 
ment  of  youth,  and  though  too  young  at  that  time  to  take  any 
part  in  public  affairs,  his  political  principles  were  fixed  by 
the  discussions  to  which  he  was  then  a  listener,  and  the 
strong  feeling  of  indignation,  against  the  British  ministry 
which  he  then  imbibed. 

It  was  not,  however,  until  after  the  Boston  port  bill,  and 
the  other  aggressions  of  the  year  1774,  that  Mr.  Stone  came 
prominently  forward  into  public  life. 

He  was  not  a  member  of  the  congress  of  that  year,  but 
was  added,  along  with  Robert  Goldsborough,  to  the  delega- 
gation  of  Maryland,  by  a  vote  of  the  provincial  deputies  on 
the  eighth  of  December,  1774,  and  took  his  seat  accordingly 
on  the  fifteenth  of  the  following  May. 

The  powers  with  which  these  delegates  were  invested 
seemed  sufficiently  ample,  they  being  authorised  to  consent 
and  agree  to  all  measures  which  that  congress  might  deem 
necessary  and  effectual,  to  obtain  a  redress  of  American 
grievances  ;  and  it  was  declared  in  the  resolution  appointing 
them,  that  the  province  bound  itself  to  execute  to  the  utmost 
of  its  power,  all  resolutions  which  the  congress  might 
adopt. 

Mr.  Stone  attended  punctually  the  meetings  of  the  con 
gress,  and  gave  his  time  and  attention  faithfully  to  the  du- 


134  STONE. 

ties  of  his  post.     In  July,  1775,  he  was  re-elected,  as  were 
his  colleagues,  for  one  year  further. 

Although  this  was  subsequent  to  the  actual  commencement 
of  hostilities,  the  hattle  of  Bunker's  Hill,  and  the  appoint 
ment  of  a  commander  in  chief,  yet  the  thought  of  indepen 
dence  had  not  yet  become  at  all  palatable  in  Maryland  ;  and 
the1  provincial  conference  did  not  suppose,  when  they 
made  this  appointment,  that  their  chosen  delegates  would 
suffer  themselves  to  be  carried  away  by  what  was  then 
deemed  so  extravagant  an  enthusiasm,  as  to  vote  for  such  a 
measure. 

Towards  the  close  of  the  year  1775,  however,  the  question 
of  an  entire  separation  from  Great  Britain,  became  the  sub 
ject  of  very  general  discussion,  both 'as  to  its  policy  and 
probability,  and  it  was  discovered  that  the  Maryland  dele 
gates  were  much  disposed  to  encounter  the  risk  and  venture 
upon  a  contest  so  unequal  and  even  desperate,  as  it  was 
considered  by  many  of  their  constituents.  Alarmed  at  this 
circumstance,  the  convention  determined  to  restrain  them  by 
specific  and  strict  instructions,  and  the  following  were  ac 
cordingly  prepared,  and  received  the  sanction  of  the  conven 
tion,  whose  sentiments  they  well  represent. 

"  The  convention,  taking  into  their  most  serious  conside 
ration  the  present  state  of  the  unhappy  dispute  between 
Great  Britain  and  the  united  colonies,  think  it  proper  to 
deliver  you  their  sentiments,  and  to  instruct  you  in  certain 
points,  relative  to  your  conduct  in  congress,  as  representa 
tives  of  this  province. 

"The  experience  we  and  our  ancestors  have  had  of  the 
mildness  and  equity  of  the  English  constitution,  under  which 
we  have  grown  up  to  and  enjoyed  a  state  of  felicity,  not 
exceeded  among  any  people  we  know  of,  until  the  grounds  of 


STONE.  135 

the  present  controversy  were  laid  by  the  ministry  and  par 
liament  of  Great  Britain,  has  most  strongly  endeared  to  us 
that  form  of  government  from  whence  these  hlessings  have 
been  derived,  and  makes  us  ardently  wish  for  a  reconcilia 
tion  with  the  mother  country,  upon  terms  that  may  ensure  to 
these  colonies  an  equal  aud  permanent  freedom. 

"To  this  constitution  we  are  attached,  not  merely  by 
habit,  but  by  principle,  being  in  our  judgments  persuaded, 
it  is,  of  all  known  systems,  best  calculated  to  secure  the 
liberty  of  the  subject,  to  guard  against  despotism  on  the  one 
hand,  and  licentiousness  on  the  other. 

"Impressed  with  these  sentiments,  we  warmly  recommend 
to  you,  to  keep  constantly  in  your  view  the  avowed  end  and 
purpose  for  which  these  colonies  originally  associated,  the 
redress  of  American  grievances,  and  securing  the  rights  of 
the  colonists. 

"As  upon  the  attainment  of  these  great  objects,  we  shall 
think  it  our  greatest  happiness  to  be  thus  firmly  united  to 
Great  Britain,  we  think  proper  to  instruct  you,  that  should 
any  proposition  be  happily  made  by  the  crown  or  parliament, 
that  may  lead  to,  or  lay  a  rational  and  probable  ground  for 
reconciliation,  you  use  your  utmost  endeavours  to  cultivate 
and  improve  it  into  a  happy  settlement  and  lasting  amity, 
taking  care  to  secure  the  colonies  against  the  exercise  of  the 
right  assumed  by  parliament  to  tax  them,  and  to  alter  and 
change  their  charters,  constitutions,  and  internal  polity, 
without  their  consent,  powers  incompatable  with  the  essen 
tial  securities  of  the  lives,  liberties,  and  properties  of  the 
colonists. 

"  We  farther  instruct  you.  that  you  do  not  without  the  pre 
vious  knowledge  and  approbation  of  the  convention  of  this 
province,  assent  to  any  proposition  to  declare  these  colonies 


136  STONE. 

independent  of  the  crown  of  Great  Britain,  nor  to  any  pro 
position  for  making  or  entering  into  alliance  with  any 
foreign  power,  nor  to  any  union  or  confederation  of  these 
colonies,  which  may  necessarily  lead  to  a  separation  from 
the  mother  country,  unless  in  your  judgments,  or  in  the 
judgments  of  any  four  of  you,  or  a  majority  of  the  whole  of 
you,  if  all  shall  be  then  attending  in  congress,  it  shall  be 
thought  absolutely  necessary  for  the  preservation  of  the  liber 
ties  of  the  united  colonies ;  and  should  a  majority  of  the 
colonies  in  congress  against  such  your  judgment,  resolve  to 
declare  these  colonies  independent  of  the  crown  of  Great 
Britain,  or  to  make  or  enter  into  alliance  with  any  foreign 
power,  or  into  any  union  or  confederation  of  these  colonies, 
which  may  necessarily  lead  to  a  separation  from  the  mother 
country,  then  we  instruct  you  immediately  to  call  the  con 
vention  of  this  province,  and  repair  thereto  with  such  proposi 
tion  and  resolve,  and  lay  the  same  before  the  said  convention, 
for  their  consideration,  and  this  convention  will  not  hold  this 
province  bound  by  such  majority  in  congress,  until  the  re 
presentative  body  of  the  province  in  convention  assent 
thereto. 

«  Desirous  as  we  are  of  peace  with  Great  Britain  upon 
safe  and  honourable  terms,  we  wish  you  nevertheless,  and 
instruct  you,  to  join  witli  the  other  colonies,  in  such  military 
operations  as  may  be  judged  proper  and  necessary  for  the 
common  defence,  until  such  a  peace  can  be  happily  obtained. 

"  At  the  same  time  that  we  assure  you  we  have  an  entire 
confidence  in  your  abilities  and  integrity  in  the  discharge 
of  the  great  trust  reposed  in  you,  we  must  observe  to  you 
as  our  opinion,  that  in  the  relation  of  constituent  and  repre 
sentative,  one  principal  security  of  the  former  is  the  right  he 
holds  to  be  fully  informed  of  the  conduct  of  the  latter.  We 


STONE.  1 37 

can  conceive  no  case  to  exist  in  which  it  would  be  of  more 
importance  to  exercise  this  right  than  the  present,  nor  any 
in  which  we  can  suppose  the  representative  would  more 
willingly  acquiesce  in  the  exercise  of  it.  \Ve  therefore  in 
struct  you,  that  you  move  for,  and  endeavour  to  obtain  a 
resolve  of  congress,  that  the  votes  given  by  the  colonies  on 
every  question  agitated  in  congress,  shall  appear  upon  the 
journals  thereof;  and  if  such  resolve  be  obtained,  that  you, 
at  the  expense  of  this  province,  procure  copies  of  the  said 
journals,  except  such  parts  thereof  as  relate  to  military 
operations,  and  measures  taken  to  procure  arms  and  ammu 
nition,  and  from  time  to  time  lay  the  same  before  the  con 
ventions  of  this  province,  showing  the  part  you,  as  repre 
sentatives  of  this  province,  take  in  such  questions. 

"  And  we  farther  instruct  you  to  move  for,  and  endeavour 
to  obtain  a  resolve  of  congress,  that  no  person  who  holds 
any  military  command  in  the  continental,  or  any  provincial 
regular  forces,  or  marine  service,  nor  any  person  who  holds 
or  enjoys  any  office  of  profit  under  the  continental  congress, 
or  under  any  government  assumed  since  the  present  contro 
versy  with  Great  Britain  began,  or  which  shall  hereafter 
be  assumed,  or  who  directly  or  indirectly  receives  the  profits, 
or  any  part  of  the  profits  of  such  command  or  office,  shall, 
during  the  time  of  his  holding  or  receiving  the  same,  be 
eligible  to  sit  in  congress." 

Between  the  date  of  these  instructions  and  the  middle  of 
the  ensuing  May,  great  efforts  were  made  to  induce  the  con 
vention  to  assent  to  the  scheme  of  independence;  but  the 
professions  of  loyalty  previously  made  in  this  colony,  were 
perfectly  sincere,  and  the  attachment  to  the  royal  govern 
ment  was  so  strong,  that  the  instructions,  instead  of  being 
VOL,  IV.—S 


138  STONE. 

rescinded,  were  reiterated  on  the  twenty-first  of  May,  in  the 
most  emphatic  terms. 

The  delegates  in  congress  were  upon  that  occasion  re- 
elected — not  unanimously — until  the  end  of  the  next  session 
of  the  convention ;  hut  it  was  at  the  same  time  unanimously 
resolved,  "That  as  this  convention  is  firmly  persuaded  that 
a  reunion  with  Great  Britain,  on  constitutional  principles, 
would  most  effectually  secure  the  rights  and  liberties,  and 
increase  the  strength,  and  promote  the  happiness  of  the 
whole  empire,  objects  which  this  province  hath  ever  had  in 
view,  the  said  deputies  are  hound  and  directed  to  govern 
themselves  by  the  instructions  given  to  them  by  this  conven 
tion  in  its  session  of  December  last,  in  the  same  manner  as 
if  the  said  instructions  were  particularly  repeated." 

At  the  moment  when  these  cautious  instructions  were 
adopted  by  the  Maryland  convention,  the  continental  con 
gress  were,  in  effect,  proclaiming  an  independent  govern 
ment.  The  resolution  of  the  fifteenth  of  May,  averring  that 
all  authority  of  the  crown  had  ceased,  and  that  it  was  neces 
sary  for  each  colony  to  frame  a  constitution  of  government 
for  itself,  could  not  be  construed  to  signify  less  than  inde 
pendence. 

Mr.  Stone  concurred  with  his  colleagues,  in  approving 
of  this  bold  and  important  step,  and  used  his  most  earnest 
endeavours  to  procure  the  adoption,  by  the  province  of  Mary 
land,  of  a  form  of  civil  government  similar  to  those  already 
agreed  upon  by  some  of  the  other  colonies,  and  based  exclu 
sively  on  the  authority  of  the  people. 

The  question  of  independence  at  this  time  engrossed  gene 
ral  attention,  and  by  whatever  causes  it  may  have  been 
aided,  certainly  the  disposition  to  hazard  the  daring,  but 
glorious  scheme,  rapidly  increased. 


STONE.  139 

In  the  latter  end  of  June,  the  example  of  Virginia  on  the 
one  hand,  and  of  Pennsylvania  on  the  other,  proved  irre 
sistible,  and  Maryland  was  obliged  to  recall  her  instructions, 
and  agree  to  the  assertion  of  a  free  and  independent  govern 
ment.     The  convention  accordingly — though  with  manifest 
reluctance — resolved,   "  That  the  instructions  given  to  their 
deputies  he  recalled,  and  the  restrictions  therein  contained, 
removed  ;  and  that  the  deputies  of  said  colony,  or  any  three 
or  more  of  them,  he  authorized  and  impowered  to  concur 
with  the  other  united  colonies,  or  a  majority  of  them,  in 
declaring  the  united  colonies  free  and  independent  states  ;  in 
forming  such  further  compact  and  confederation   hetvveen 
them;   in  making  foreign  alliances,   and  in  adopting  such 
other  measures  as  shall  be  adjudged  necessary  for  securing 
the  liberties  of  America ;  and  that  said  colony  will  hold  itself 
bound  by  the  resolutions  of  the  majority  of  the  united  colonies 
in  the  premises;  provided  the  sole  and  exclusive  right  of 
regulating  the  internal  government  and  police  of  that  colony 
be  reserved  to  the  people  thereof." 

The  Maryland  delegates,  after  this,  being  left  free  to  vote 
according  to  their  wishes,  recorded  their  names  in  favour  of 
independence,  upon  the  imperishable  document  which  in  elo 
quent  language  sets  forth  the  "reasons  that  impelled  them 
to  the  separation." 

On  the  day  which  saw  this  proud  manifesto  issued,  Mr. 
Stone  and  his  colleagues  were  re-elected,  and  in  the  ardour 
of  feeling  at  that  moment  prevalent,  the  convention  forgot 
to  limit  their  powers  by  any  prudential  restraints.  Mr. 
Stone,  though  riot  a  prominent  man  in  congress,  was  ap 
pointed  on  several  important  committees,  such  as  that  to 
consider  the  propriety  and  expediency  of  augmenting  the 


140  STONE. 

flying  camp ;  that  on  the  miscarriages  in  Canada ;  on  cer 
tain  letters  from  general  Washington  ;  and,  the  most  labori- 
ous  of  all,  namely,  that  charged  with  the  difficult  task  of 
preparing  a  plan  of  confederation. 

There  never  was  perhaps  an  undertaking  of  greater  diffi 
culty,  than  the  formation  of  the  confederacy  at  that  period. 
Entire  harmony,  was,  at  all  sacrifices,  to  he  preserved  as  es 
sential  to  the  possibility  of  success  in  the  great  contest ;  yet 
a  diversity  of  sentiments  almost  boundless,  prevailed  among 
the  representatives  of  different  interests  respecting  the  details 
of  the  intended  compact. 

The  peculiar  responsibility  of  Mr.  Stone,  in  being  the  only 
Maryland  delegate  in  the  committee,  when  the  sentiments  of 
Maryland  were  particularly  hostile  to  the  measure,  unless 
with  conditions  that  it  was  found  impossible  to  obtain  from 
the  other  states,  may  easily  be  appreciated. 

The  anxiety  and  trouble  occasioned  to  all,  and  especially 
to  the  committee  which  had  the  laborious  work  of  prepara 
tion,  are  strongly  portrayed  in  the  letter  addressed  by  con 
gress  to  the  respective  states,  in  order  to  urge  the  adoption 
of  the  plan,  as  they  had,  after  infinite  compromises,  finally 
arranged  the  articles. 

"This  business,"  they  observe,  "equally  intricate  and 
important,  has  in  its  progress,  been  attended  with  uncom 
mon  embarrassments  and  delay,  which  the  most  anxious 
solicitude  and  persevering  diligence  could  not  prevent.  To 
form  a  permanent  union,  accommodated  to  the  opinion  and 
wishes  of  the  delegates  of  so  many  states,  differing  in  habits, 
produce,  commerce,  and  internal  police,  was  found  to  be  a 
work  which  nothing  but  time  and  reflection,  conspiring 
with  a  disposition  to  conciliate,  could  mature  and  accom 
plish. 


STONE.  141 

"  Hardly  is  it  to  be  expected  that  any  plan,  in  the  variety 
of  provisions  essential  to  our  union,  should  exactly  cor 
respond  with  the  maxims  and  political  views  of  every  par 
ticular  state.  Let  it  be  remarked,  that  after  the  most  careful 
inquiry  and  the  fullest  information,  this  is  proposed  as  the 
best  which  could  be  adapted  to  the  circumstances  of  all ;  and 
as  that  alone  which  affords  any  tolerable  prospect  of  general 
ratification. 

"Permit  us  then  earnestly  to  recommend  these  articles  to 
the  immediate  and  dispassionate  attention  of  the  legis 
latures  of  the  respective  states.  Let  them  be  candidly  re 
viewed  under  a  sense  of  the  difficulty  of  combining,  in  one 
general  system,  the  various  sentiments  and  interests  of  a  con 
tinent  divided  into  so  many  sovereign  and  independent  com 
munities,  under  a  conviction  of  the  absolute  necessity  of 
uniting  all  our  councils  and  all  our  strength  to  maintain  and 
defend  our  common  liberties :  let  them  be  examined  with  a 
liberality  becoming  brethren  and  fellow  citizens  surrounded 
by  the  same  imminent  dangers,  contending  for  the  same 
illustrious  prize,  and  deeeply  interested  in  being  forever 
bound  and  connected  together  by  ties  the  most  intimate  and 
indissoluble;  and,  finally,  let  them  be  adjusted  with  the 
temper  and  magnanimity  of  wise  and  patriotic  legislators, 
who,  while  they  are  concerned  for  the  prosperity  of  their 
own  more  immediate  circle,  are  capable  of  rising  superior 
to  local  attachments,  when  they  may  be  incompatible  with 
the  safety,  happiness,  and  glory  of  the  general  confederacy. 

"\Ve  have  reason  to  regret  the  time  which  has  elapsed  in 
preparing  this  plan  for  consideration  :  with  additional  soli 
citude  we  look  forward  to  that  which  must  be  necessarily 
spent  before  it  can  be  ratified.  Every  motive  loudly  calls 
upon  us  to  hasten  its  conclusion. 


142  STONE 

"  More  than  any  other  consideration,  it  will  confound  our 
foreign  enemies,  defeat  the  flagitious  practices  of  the  disaf 
fected,  strengthen  and  confirm  our  friends,  support  our  pub 
lic  credit,  restore  the  value  of  our  money,  enable  us  to  main 
tain  our  fleets  and  armies,  and  add  weight  and  respect  to  our 
councils  at  home  and  to  our  treaties  abroad. 

"  In  short,  this  salutary  measure  can  no  longer  be  deferred. 
It  seems  essential  to  our  very  existence  as  a  free  people,  and 
without  it  we  may  soon  be  constrained  to  bid  adieu  to  inde 
pendence,  to  liberty,  and  safety — blessings,  which  from  the 
justice  of  our  cause,  and  the  favour  of  our  Almighty  Creator 
visibly  manifested  in  our  protection,  we  have  reason  to  ex 
pect,  if,  in  an  humble  dependence  on  his  divine  providence, 
we  strenuously  exert  the  means  which  are  placed  in  our 
power." 

Notwithstanding  the  eloquence  of  this  appeal,  the  state  of 
Maryland  refused  her  assent  until  the  year  1781. 

But,  to  recur  to  the  labours  of  Mr.  Stone,  and  the  rest  of 
the  committee,  it  is  remarkable  that  from  the  twelfth  day  of 
June,  1776,  when  the  committee  was  selected,  consisting  of 
one  member  from  each  colony,  till  the  fifteenth  day  of  No 
vember,  1777,  when  the  confederation  was  finally  agreed  to, 
the  committee  were  almost  constantly  occupied  in  preparing, 
amending  and  improving  the  act  which  was  reported,  and 
referred  back  again  very  frequently,  and  always  altered  to 
suit  the  views  of  congress,  and  obviate  objections.  It  was 
the  subject  of  debate  thirty-nine  times,  and  when  concluded, 
after  all  this  labour,  was  only  an  approximation  towards  the 
excellent  constitution  which  was  framed  ten  years  after 
wards. 

The  convention  of  the  state  of  Maryland,  when  the  emphasis 
of  the  excitement  caused  by  the  declaration  of  independence 


STONE.  143 

had  passed  away,  recurred  to  their  former  jealousy  of  their 
delegates  in  congress  ;  and  although  it  was  too  late  now  to 
restrict  them  as  to  measures  of  hostility  towards  Great  Bri 
tain,  yet  chose  to  limit  their  powers  as  the  formation  of  a 
confederation,  and  also  to  hint  to  them  the  possibility  of  re 
tracing  their  steps,  and  agreeing  to  an  accommodation  with 
the  royal  government. 

The  contest  for  freedom  had  now  gone  so  far,  that  it  was 
frequently  called  a  "  glorious  war" — the  Maryland  conven 
tion  still  termed  it  an  "  unhappy  difference,"  and  were  an 
xious  to  accommodate  it  on  any  terms,  that  a  majority  of  con 
gress  might  he  brought  to  approve. 

The  resolution  which  indicated  this  state  of  feeling  was 
in  the  following  terms:  "That  the  said  delegates,  [Mr.  Stone 
and  his  six  colleagues]  or  any  three  or  more  of  them,  be  au 
thorized  and  empowered  to  concur  with  the  other  United 
States,  or  a  majority  of  them  in  forming  a  confederation,  and 
in  making  foreign  alliances ;  provided  that  such  confederation 
when  formed  be  not  binding  upon  this  state  without  the  assent 
of  the  general  assembly ;  and  the  said  delegates  or  any  three 
or  more  of  them  are  also  authorized  and  empowered  to  con 
cur  in  any  measures  which  may  be  resolved  on  by  congress 
for  carrying  on  the  war  with  Great  Britain,  and  securing 
the  liberties  of  the  United  States,  reserving  always  to  this 
state  the  sole  and  exclusive  right  of  regulating  the  internal 
police  thereof.  And  the  said  delegates  or  any  three  or  more 
of  them  are  hereby  authorized  and  empowered,  notwithstand 
ing  any  measure  heretofore  taken,  to  concur  with  the  congress 
or  a  majority  of  them,  in  accommodating  our  unhappy  differ 
ence  with  Great  Britain,  on  such  terms  as  the  congress  or  a 
majority  of  them  shall  think  proper." 


144  STONE. 

It  happened,  however,  that  no  accommodation  of  the  "un 
happy  difference"  was  rmade  at  all  inconsistent  with  the 
highest  claims  of  congress.  The  fears  of  the  Maryland  con 
vention  were  not  realized,  though  it  must  be  confessed,  the 
affairs  of  the  newly  established  nation  wore,  for  some  time, 
a  most  discouraging  aspect. 

Mr.  Stone  was  again  re-elected  in  February,  1777,  and 
after  serving  this  tour  of  duty,  and  seeing  the  confederation 
finally  agreed  upon  in  congress,  he  left  this  scene  of  action, 
declined  a  re-appointment,  and  became  a  member  of  the  Mary 
land  legislature,  where  the  plan  of  the  confederation  met  with 
obstinate  opposition,  and  required  the  aid  of  all  its  friends 
and  advocates. 

His  services  in  the  legislature  were  important,  and  in  the 
discharge  of  his  duties  there,  he  was  distinguished  by  the  same 
fidelity,  earnestness,  and  patriotic  devotedness,  which  had 
been  displayed  in  the  course  of  his  previous  career. 

His  services  in  that'assembly  are  thus  described  by  a  gen 
tleman  who  sat  with  him  there. 

"  He  was  most  truly  a  perfect  man  of  business ;  he  would 
often  take  the  pen  and  commit  to  paper,  all  the  necessary 
writings  of  the  senate,  and  this  he  would  do  cheerfully  while 
the  other  members  were  amusing  themselves  with  desultory 
conversation ;  he  appeared  to  be  naturally  of  an  irritable 
temper,  still  he  was  mild  and  courteous  in  his  general  deport 
ment,  fond  of  society  and  conversation  and  universally  a  fa 
vourite  from  his  great  good  humour  and  intelligence;  he 
thought  and  wrote  much  as  a  professional  man,  and  as  a 
statesman,  on  the  business  before  him  in  those  characters ;  he 
had  no  leisure  for  other  subjects  :  not  that  he  was  unequal 
to  the  task,  for  there  were  few  men  who  could  commit  their 
thoughts  to  paper  with  more  facility  or  greater  strength  of 


STONE.  145 

argument.  There  was  a  severe  trial  of  skill  between  the 
senate  and  the  house  of  delegates,  on  the  subject  of  confiscat 
ing  British  property.  The  senate  for  several  sessions  unani 
mously  rejected  bills  passed  by  the  house  of  delegates  for  that 
purpose ;  many,  very  long  and  tart,  were  the  messages  from 
one  to  the  other  body,  on  this  subject ;  the  whole  of  which, 
were  on  the  part  of  the  senate,  the  work  of  Mr.  Stone,  and 
his  close  friend  and  equal  in  all  respects,  the  venerable 
Charles  Carroll  of  Carrollton. 

In  1783,  he  was  again  elected  to  a  seat  in  congress,  under 
the  confederation,  the  adoption  of  which  he  had  taken  so  much 
pains  to  obtain.  He  was  present  at  the  most  interesting  event 
of  this  period — the  resignation  of  general  Washington,  at 
Annapolis ;  and  in  the  session  of  1784,  was  appointed  on 
most  of  the  important  committees  of  the  congress. 

During  the  latter  part  of  this  year,  he  acted  as  president 
pro  tempore,  but  declining  a  re-election  to  congress,  he  lost, 
by  voluntary  retirement,  the  honour  of  being  chosen  to  pre 
side  over  that  dignified  assembly,  which  would  have  followed 
of  course,  his  temporary  occupation  of  the  chair. 

From  this  time,  during  the  short  interval  before  his  death, 
he  was  actively  engaged  in  professional  duties,  and  continued 
to  serve  in  the  senate  of  the  state,  but  declined  an  appoint 
ment  as  a  member  of  the  federal  convention,  which  met  at 
Philadelphia  in  the  year  1787,  for  the  purpose  of  forming 
the  present  constitution  of  the  United  States. 

After  the  conclusion  of  the  war  there  was  little  occasion 
for  the  exercise  of  the  talents  and  patriotism  of  the  best  men 
in  Maryland,  except  in  watching  to  prevent  the  introduction 
of  injurious  schemes  and  innovations. 

In  1785,  an  attempt  was  made  to  establish  a  paper  cur 
rency  as  a  legal  tender  for  the  payment  of  debts.     A  bill  for 
VOL.  IV.— T 


146  STONE. 

this  purpose  was  passed  by  the  house  of  delegates,  but  prompt 
ly  rejected  by  the  senate,  of  which  body  Mr.  Stone  was  still 
a  member.  An  appeal  being  made  to  the  people,  a  large 
majority  refused  to  sanction  the  project. 

At  about  the  same  time,  Mr.  Stone  introduced  into  the 
senate  a  bill,  drafted  by  himself,  and  which  he  advocated 
with  all  his  eloquence,  abolishing  the  right  of  primogeniture 
as  previously  existing  according  to  the  system  of  the  English 
law. 

The  bill  was  enacted  by  both  branches  of  the  legislature, 
and  remains  the  law  of  Maryland ;  but  it  is  remarkable  that 
Mr.  Stone  made  his  own  will  in  accordance  with  the  princi 
ples  of  the  law  that  he  thus  contributed  so  zealously  to 
abolish. 

In  the  year  1784,  after  he  had  finally  relinquished  his  seat 
in  congress  and  removed  to  Annapolis,  his  practice  became 
very  lucrative  and  his  professional  reputation  rose  to  very 
distinguished  eminence.  He  was  employed  in  many  very 
important  causes,  and  his  friend,  Mr.  Chase,  always  ex 
pressed  the  greatest  satisfaction  in  having  his  assistance  as  a 
colleague  in  cases  of  difficulty.  As  a  speaker,  his  strength 
lay  in  argument,  rather  than  in  manner.  When  he  began, 
his  voice  was  weak,  and  his  delivery  unimpressive,  but  as  he 
became  warmed  with  his  subject,  his  manner  improved,  and 
his  reasoning  was  clear  and  powerful. 

He  was  a  man  of  very  strong  feelings,  and  affectionate 
disposition ;  and  the  tenderness  of  his  attachment  to  his  ami 
able  consort,  after  forming  the  happiness  of  a  large  portion 
of  his  life,  became  the  melancholy  cause  of  its  early  close. 

In  the  year  1776,  while  he  was  attending  to  his  public 
duties  in  congress,  Mrs.  Stone  visited  Philadelphia  with  him, 
and  as  the  small-pox  was  then  prevalent  in  that  city,  it  was 


STONE.  14? 

thought  necessary  to  protect  her  from  it  by  inoculation. 
She  was  accordingly  inoculated,  and  the  mercurial  treat 
ment,  which  was  then  deemed  necessary,  was  pursued.  From 
this  time  her  health  gradually  declined.  She  was  afflicted 
with  rheumatism  for  eleven  years,  and  her  skin,  which  had 
before  been  marked  with  the  glow  of  health,  assumed  a  pale 
ness  which  can  scarcely  be  imagined  by  those  who  did  not 
witness  it.  During  the  whole  period  of  her  ill  health,  her 
husband  watched  over  her  with  untiring  devotedness.  But 
it  was  beyond  the  power  of  human  aid  to  give  vigour  to  her 
shattered  constitution,  and  on  the  first  of  June,  1787,  she 
died  in  Annapolis,  in  her  thirty-fourth  year.  This  was  a 
death-blow  to  Mr.  Stone.  After  this  he  declined  all  business, 
both  public  and  private,  except  such  as  he  deemed  necessary 
to  put  his  affairs  in  order.  He  was  brought  by  his  friends 
to  his  seat  in  Charles  county,  and  there,  during  the  sum 
mer  after  Mrs.  Stone's  decease,  every  effort  was 'made  to 
enable  him  to  sustain  the  loss.  But  he  sunk  into  a  deep 
melancholy,  and  to  the  most  soothing  attentions  of  his  friends 
he  always  answered,  that  he  could  not  survive  his  wife.  Dr. 
Brown,  and  Dr.  Craick,  who  were  his  physicians,  finding 
little  amendment  in  his  spirits,  after  the  lapse  of  some  months, 
advised  him  to  make  a  sea-voyage.  In  obedience  to  their 
advice,  he  went  to  Alexandria  to  embark  for  England.  While 
waiting  at  that  place,  for  the  vessel  to  sail,  he  expired  sud 
denly,  in  his  forty -fifth  year,  on  the  fifth  of  October,  1787. 

A  few  days  before  his  death,  he  wrote  a  letter  of  advice  to 
his  only  son,  then  a  boy,  about  twelve  years  old,  which  as 
the  dying  counsels  of  a  virtuous  parent,  actually  in  the  near 
prospect  of  death,  will  be  read  with  interest,  independent  of 
the  claims  of  the  individual  to  our  respect  and  public  grati 
tude.  It  is  this  : 


148  STONE, 

"My  dear  Frederick— I  am  now  in  a  weak  state,  about  to 
travel,  and  probably  shall  not  see  you  more.  Let  me  intreat 
you  to  attend  to  the  following  advice  which  I  leave  you  as  a 
legacy,  keep  and  read  it,  and  resort  to  it. 

"In  the  first  place,  do  your  duty  to  God  in  spirit  and  in 
truth,  always  considering  him  as  your  best  protector,  and 
doing  all  things  to  please  him  ;  nothing  to  offend  him ;  and 
be  assured  he  is  always  present  and  knows  all  your  thoughts 
and  actions,  and  that  you  will  prosper  and  be  happy  if  you 
please  him,  and  miserable  and  unhappy  if  you  displease  him. 
Say  your  prayers  every  day,  and  attend  divine  worship  at 
church  regularly  and  devoutly,  with  a  pious  design  of  doing 
your  duty  and  receiving  instruction.  Think  more  of  your 
soul's  health  and  the  next  world  than  of  this,  and  never  do 
wrong  on  any  account.  Be  honest,  religious,  charitable  and 
kind,  guarded  in  your  conduct,  and  upright  in  your  inten 
tions. 

"Shun  all  giddy,  loose  and  wicked  company;  they  will 
corrupt  and  lead  you  into  vice,  and  bring  you  to  ruin.  Seek 
the  company  of  sober,  virtuous  and  good  people,  who  will 
always  shew  you  examples  of  rectitude  of  conduct  and 
propriety  of  behaviour — which  will  lead  to  solkl  happi 
ness. 

6i  Be  always  attentive  to  the  advice  of  your  uncles,  Dr. 
Brown  and  Michael  J.  Stone,  and  do  nothing  of  consequence 
without  consulting  them.  Be  respectful  to  your  seniors,  and 
all  your  friends,  and  kind  to  every  body.  Seek  to  do  all 
the  good  you  can,  remembering  that  there  is  no  happiness 
equal  to  that  which  good  actions  afford.  Be  attentive,  and 
kind,  and  loving  to  your  sisters,  and  when  you  grow  up  pro 
tect  and  assist  them  on  all  occasions. 


STONE.  149 

•<  Take  care  not  to  be  seduced  by  the  professions  of  any  per 
son  to  do  what  your  heart  tells  you  is  wrong,  for  on  self-ap 
probation  all  happiness  depends. 

"  Attend  to  your  education  and  learning,  and  never  let  your 
mind  be  idle,  which  is  the  root  of  all  evil,  but  be  constantly 
employed  in  virtuous  pursuits  or  reflections. 

"  Let  your  aim  in  life  be  to  attain  to  goodness  rather  than 
greatness  among  men  :  the  former  is  solid,  the  latter  all  va 
nity,  and  often  leads  to  ruin  in  this  and  the  next  world.  This 
I  speak  from  experience. 

"I  commend  you  to  heaven's  protection.  May  God  of  his 
infinite  mercy  protect  you,  and  lead  you  to  happiness  in  this 
world  and  the  next,  is  the  most  fervent  prayer  of  your  loving 
father." 

Mr.  Stone  was  a  member  of  the  protestant  episcopal  church, 
and  a  man  of  sincere  and  fervent  piety,  as  the  above  letter 
bespeaks  him.  He  was  in  figure  tall,  thin,  and  well 
porportioned.  His  complexion  pale  and  sallow.  His 
manners  were  those  of  a  well  bred  man,  not  marked  by 
ostentation  or  affected  gracefulness,  but  rather  reserved.  His 
countenance,  from  the  constant  employment  of  his  mind.,  wore 
the  appearance  of  austerity,  yet  to  his  friends  he  was  quite 
accessible.  His  conversation  was  generally  familiar  and  in 
structive.  Light  and  frivolous  subjects  rarely  enjoyed  his 
attention,  yet  he  sometimes  relasped  into  gay  and  sportive 
humours.  His  disposition  was  mild,  and  his  heart  benevo 
lent. 

His  appearance  in  early  life  had  promised  both  health  and 
strength,  but  his  studious  and  sedentary  habits,  acquired  iia 
boyhood,  and  continued  through  life,  had  impaired  a  consti 
tution  originally  vigorous.  He  was  a  taciturn  man,  of  strong 


150  STONE. 

feelings,  and  more  remarkable  for  terseness  of  style  than  ele 
gance  of  diction. 

Besides  his  son,  Mr.  Stone  left  two  daughters.  The  son 
died  in  1793,  a  student  of  law,  and  a  youth  of  excellent  pro 
mise.  The  eldest  daughter  married  Dr.  John  M.  Daniel  ot 
Virginia,  and  died  leaving  several  children.  The  other 
daughter  now  Mrs.  Mildred  Daniel,  also  of  Virginia,  is 
distinguished  by  the  same  virtues,  which  belonged  to  the  cha 
racter  of  her  father. 


of  C 


Drawn.  JCEn.gr  aved  hv.I.IU.onu^aiTf  from  ;>  I'ainlmo-  !>v  I'icltl 


CHARLES  CARROLL. 


CHARLES  CARROLL,  surriamed  of  Car  roll  ton,  the  subject  of 
the  present  sketch,  and  the  son  of  Charles  Carroll  and  Eliza 
beth  Brook,  was  born  on  the  eighth  of  September,  1737, 
O.  S.  (twentieth  September,  N.  S.)  at  Annapolis,  in  the  state 
of  Maryland. 

Charles  Carroll,  the  son  of  Daniel  Carroll,  of  Littalouna, 
King's  county,  Ireland,  and  of  the  Inner  Temple,  the  grand 
father  of  Charles  Carroll  of  Carrollton,  was  a  clerk  in  the 
office  of  lord  Powis,  under  the  reign  of  James  second, 
and  left  England  a  short  time  previous  to  the  accession  of 
King  William,  to  further  his  fortunes  in  America.  At  the 
instance  and  through  the  influence  of  lord  Powis,  Mr.  Car 
roll  was  appointed,  in  1691,  to  succeed  colonel  Henry 
Darnell  as  judge  and  register  of  the  land  office,  and  agent 
and  receiver  of  rents  for  lord  Baltimore  in  the  province  of 
Maryland.  He  appears  to  have  been  a  man  of  influence  and 
importance  in  the  administration  of  the  provincial  affairs, 
and  in  1718,  was  one  of  those  who  were  expressly  exempted 
from  any  disqualification  on  account  of  religion. 

Charles  Carroll,  born  in  1702,  the  father  of  Charles  Car 
roll  of  Carrollton,  took  an  active  part  in  the  affairs  of  the 
provincial  government,  and  in  the  religious  disputes  of  the 


152  CARROLL. 

times  stood  prominent  as  one  of  the  leading  and  most  iuflu 
ential  members  of  the  Catholic  party  in  Maryland.  The 
disqualifications  and  oppression  to  which  the  Catholics  were 
subjected,  in  the  early  part  of  the  eighteenth  century,  amount 
ed  to  a  persecution.  Roman  Catholic  priests  were  prohibit 
ed  from  the  administration  of  public  worship  :  the  council 
granted  orders  to  take  children  from  the  pernicious  contact 
of  Catholic  parents:  Catholic  laymen  were  deprived  of  the 
right  of  suffrage  ;  and  the  lands  of  Catholics  were  assess 
ed  double  when  the  exigencies  of  the  province  required  addi 
tional  supplies.  Besides  the  oppression  of  legislative  en 
actments,  personal  animosity  was  carried  to  such  an  extent, 
that  the  Catholics  were  considered  as  beyond  the  pale  of  fel 
lowship  ;  not  suffered  to  walk  with  their  fellow  subjects  in 
front  of  the  Stadt  House  at  Annapolis,  and  finally  obliged  to 
wear  s\vords  for  their  personal  protection.  In  this  state  of 
things  a  large  portion  of  the  Catholics  of  Maryland  deter 
mined  to  emigrate,  and  Charles  Carroll,  then  on  a  visit  to 
his  son  in  France,  applied  to  the  French  minister  of  state,  for 
a  grant  of  land  on  the  Arkansa  river,  at  that  time  part  of 
the  French  territory  of  Louisiana.  The  extent  of  the  tract 
demanded,  startled  the  minister  as  Mr.  Carroll  pointed  to  it 
on  the  map.  He  considered  it  too  large  to  be  given  to  a  sub 
ject;  difficulties  were  thrown  in  the  way;  and  Mr.  Carroll 
was  obliged,  at  last,  to  return  to  Maryland,  without  having 
accomplished  his  object.  Soon  after  Mr.  Carroll's  return, 
the  rigour  of  the  laws  against  the  Catholics  was  relaxed,  and 
they  abandoned  their  intention  of  emigrating  to  the  West. 
After  an  active  and  useful  life  Charles  Carroll  died  in  1782, 
at  the  advanced  age  of  eighty  years. 

In  1745,  Charles  Carroll  of  Carrollton,  then  eight  years 
eld,  was  taken  to  the  college  of  English  Jesuits  at  St.  Omers, 


CARROLL.  153 

to  be  educated.  Here  he  remained  for  six  years,  and  left 
it  to  pursue  his  studies  at  a  college  of  French  Jesuits,  at 
Rheims.  After  staying  one  year  at  Rheims,  lie  was  sent  to 
the  college  of  Louis  le  Grand,  and  during  his  stay  at  this 
place,  his  father  visited  France,  as  before  mentioned.  From 
Louis  le  Grand,  JS'r.  Carroll  went  at  the  expiration  of  two 
years,  to  B  iiuges,  the  capital  of  the  province  of  Berry,  to 
study  the  civil  1  iw,  and  after  remaining  there  for  one  year, 
returned  to  college  at  Paris,  where  he  continued  until  1757, 
in  which  year  he  visited  London,  and  taking  apartments  in 
the  Temple,  commenced  the  study  of  the  law.  In  1764,  he  re 
turned  to  his  native  place,  during  the  first  discussion  of  those 
principles,  which  being  honestly  proclaimed,  and  fearlessly 
supported,  occasioned  the  war  of  the  revolution, 

The  violence  of  religious  disputes  had  by  this  time  almost 
entirely  subsided  ;  and  the  irritation  produced  by  the  stamp 
act,  in  1766,  turned  popular  feeling  into  another  and  more 
interesting  channel.     From  this  period,  political  discussion 
became  free  and  unreserved.     Suspicion  of  the  mother  coun 
try  induced  investigation ;  investigation  developed  principles 
and  discovered  rights;  and  talent  of  a  high  character  stepped 
forward  to  explain  the  one,  and  claim  the  other.     Among 
those  whose  pens,  at  this  time,  were  busily  and  successfully 
employed,  were  Chase,  Stone,  Paca,  Dulany,  and  Carroll. 
If  intemperate  abuse  at  times  mingled  in  the  controversy,  yet 
the  general  character  of  the  arguments  used  was  calm  and 
dignified;  the  disputants  professing  the  greatest  respect  for 
the  mother  country,  and,  to  the  last  moment  looking  for, 
and  willing  to  receive,  redress  from  the  principles  of  its  con 
stitution. 

Upon  the  repeal  of  the  stamp  act,  things  settled,  in  Mary 
land,  into  that  calm,   which  always  follows  violent  excite- 
VOT..  IV.— U 


154  CARROLL. 

nient ;  and  matters  of  local  interest  became  the  chief  topics  of 
discussion.  In  these,  the  large  landed  property  and  extended 
connexions  of  Mr.  Carroll  gave  him  great  weight;  and  we 
find  him  constantly  engaged  in  the  discharge  of  the  duties  of 
an  active  and  able  citizen.  In  June,  1768,  he  married  Miss 
Mary  Darnell,  the  daughter  of  Henry  Darnell,  jr.,  and  des 
cribed  in  the  chronicles  of  the  day,  as  "an  agreeable  young 
lady  endowed  with  every  accomplishment  necessary  to  ren 
der  the  connubial  state  happy." 

The  calm  which  followed  the  repeal  of  the  stamp  act, 
continued  undisturbed  until  1771-2,  when  the  attempt  to 
establish  the  fees  of  the  civil  officers  of  the  province  by  pro 
clamation,  roused  again  the  indignation  of  the  people,  and 
called  forth  all  the  talent  and  energy  of  the  political  writers. 
The  important  part  which  Mr.  Carroll  took  in  this  discus 
sion  requires  some  detail  in  the  explanation  of  the  cause  of 
dispute. 

In  the  year  1770,  the  fees  of  the  civil  officers  of  the  colo 
nial  government  became  the  subject  of  inquiry  and  investiga 
tion  in  the  house  of  delegates;  in  the  course  of  which,  many 
accounts  were  produced,  demonstrating  the  abuse  of  the  old 
table  of  fees  in  the  mode  of  charging,  and  showing  the  neces 
sity  of  a  new  law,  commensurate  with  the  increased  wants 
and  improved  condition  of  the  province.  Upon  full  conside 
ration  of  the  whole  matter,  the  lower  house  came  to  a 
resolution  to  adopt  a  new  regulation  of  fees.  A  law  for 
this  purpose  was  framed,  passed,  and  sent  for  concurrence  to 
the  upper  house.  Here  it  was  violently  opposed  by  those 
members  whose  profits  of  office  would  have  been  diminished 
by  its  passage;  and,  through  their  influence,  it  was  ultimately 
rejected.  Had  matters  rested  here,  all  would  have  been 
well.  But  governor  Eden,  with  the  advice  of  his  council, 


CARROLL.  155 

issued  his  proclamation,  dated  November,  twenty-sixth,  1770, 
a  few  days  after  the  prorogation  of  the  assembly,  "  command 
ing  and  enjoining  all  officers,  &c.,  under  pain  of  his  dis 
pleasure,  not  to  take  any  other  or  greater  fees"  than  those 
therein  mentioned ;  in  other  words,  and  in  the  language  of 
the  day,  "settling  the  fees  by  proclamation." 

The  proclamation  was  strenuously  supported  by  its 
friends,  as  a  proper  and  justifiable  exercise  of  prerogative. 
The  preamble  stated,  that  the  objects  was  "to  prevent  any 
oppressions  and  extortions  from  being  committed  under 
colour  of  office,  by  any  of  the  officers,  &c.  in  exacting  unrea 
sonable  and  excessive  fees ;"  and  entrenching  themselves 
behind  this  expression,  the  advocates  of  the  measure  contend 
ed,  that  so  far  from  being  a  subject  of  complaint  or  dispute, 
the  proclamation  ought  to  be  considered  as  a  barrier  between 
the  people  and  the  usurpations  of  office.  On  the  other  side 
it  was  urged,  that  the  exaction  of  fees,  was  to  all  intents  and 
purposes  a  tax ;  that  the  power  to  tax  a  free  people  belonged 
exclusively  to  its  representatives  ;  and,  therefore,  that  the 
proclamation  of  governor  Eden,  settling  the  fees,  was  an 
arbitrary  and  unjustifiable  exercise  of  power. 

In  support  of  the  measure,  there  were  many  advocates ; 
and,  among  the  rest,  one  who,  in  the  form  of  a  dialogue 
between  two  citizens,  justified  the  proclamation,  and  gave 
the  victory  to  its  defender,  the  second  citizen.  Mr. 
Carroll  then  assumed  the  signature,  and  used  the  argu 
ment  of  the  First  Citizen;  the  "Editor  of  the  Dialogue," 
fell  into  the  back  ground ;  and  Daniel  Dulany,  provincial 
secretary,  under  the  signature  of  Antillon,  appeared  as  Mr. 
Carroll's  antagonist.  Perhaps  there  never  was  a  newspaper 
contest,  which  excited  more  interest  throughout  the  state  of 
Maryland,  than  this.  The  great  question  of  the  revolution, 


156  CARROLL. 

the  right  to  tax  the  people  without  the  consent  of  its  repre 
sentatives,  was  proposed  and  argued  by  the  first  citizen,  in 
the  boldest  manner,  and  with  the  most  extended  views. 
"What  was  done?"  continues  Mr.  Carroll,  speaking  of 
the  disagreement  hctvveen  the  two  houses  on  the  subject  of 
the  fees,  "the  authority  of  the  chief  magistrate  interposed, 
and  took  the  decision  of  this  important  question  from  the 
other  branches  of  the  legislature,  to  itself.  In  a  land  of 
freedom,  this  arbitrary  exertion  of  prerogative  will  riot, 
must  not,  be  endured."  This  determined  language  startled 
even  the  adherents  of  the  cause  ;  and  those  who  were  in  the 
secret  of  Mr.  Carroll's  authorship,  looked  with  astonishment 
upon  one  of  the  largest  landholders  in  the  country,  avowing 
sentiments  which  might  be  so  injurious  to  him  personally  in 
their  consequences.  In  the  end,  Mr.  Carroll  was  victorious ; 
Antillon  was  silenced,  and,  on  the  fourteenth  of  May,  the 
proclamation  was  taken  by  a  numerous  procession  to  the  gal 
lows,  suspended  there  for  a  time,  and  then  burnt  beneath  them 
by  the  common  hangman. 

Complimentary  letters  of  thanks  were  now  addressed  to 
the  First  Citizen,  from  all  quarters,  and  published  in  the 
newspapers,  as  the  only  means  of  communication  with  an 
anonymous  author.  From  the  many  before  him,  the  writer 
of  the  present  sketch  has  selected  the  following,  as  showing 
the  estimation  in  which  the  exertions  of  Mr.  Carroll  were 
held  throughout  the  province. 

"  To  THE  FIRST  CITIZEN, 

"  Sir,  your  manly  and  spirited  opposition  to  the  arbitrary 
attempt  of  government,  to  establish  the  fees  of  office  by  pro 
clamation,  justly  entitles  you  to  the  exalted  character  of  a 
distinguished  advocate  for  the  rights  of  your  country.  The 


CARROLL.  157 

proclamation  needed  only  to  be  throughly  understood,  to  be 
generally  detested;  and  you  have  had  the  happiness  to  please, 
to  instruct,  to  convince  your  countrymen.  It  is  the  public 
voice,  sir,  that  the  establishment  of  fees,  by  the  sole 
authority  of  prerogative,  is  an  act  of  usurpation,  an  act  of 
tyranny,  which  in  a  land  of  freedom,  must  not,  cannot,  be 
endured. 

"  The  free  and  independent  citizens  of  Annapolis,  the 
metropolis  of  Maryland,  who  have  lately  honoured  us  with 
the  public  character  of  representatives,  impressed  with  a 
just  sense  of  the  signal  services  which  you  have  done  your 
country,  instructed  us,  on  the  day  of  our  election,  to  return 
you  their  hearty  thanks.  Public  gratitude,  sir,  for  public 
services,  is  the  patriot's  due ;  and  we  are  proud  to  observe 
the  generous  feelings  of  our  fellow  citizens  towards  an 
advocate  for  liberty.  With  pleasure  we  comply  with  the 
instructions  of  our  constituents,  and  in  their  names  we 
thank  you  for  the  spirited  exertion  of  your  abilities.  We 
are,  sir,  most  respectfully,  your  very  humble  servants, 

WILLIAM  PACA, 
MATTHIAS  HAMMOND." 

When  it  became  generally  known  that  Mr.  Carroll  was 
the  writer  of  the  pieces  signed  "  First  Citizen,"  the  people 
of  Annapolis,  not  satisfied  with  the  letter  of  their  delegates, 
came  in  a  body  to  thank  him  for  his  exertions  in  defence  of 
their  rights. 

The  talent  and  firmness  evinced  by  Mr.  Carroll  in  his 
contest  with  Dulany,  raised  him  at  once  to  a  high  station  in 
the  confidence  of  the  people ;  and  we  find  him,  during  the 
years  1773-1-5,  actively  engaged  in  all  the  measures  which 
were  taken  in  opposition  to  the  course  of  Great  Britain's 


158  CARROLL. 

colonial  policy.  From  the  earliest  symptons  of  discontent, 
Mr.  Carroll  foresaw  the  issue,  and  made  up  his  mind  to  abide 
it.  Once,  when  conversing  with  Samuel  Chase,  in  1771  or 
2,  the  latter  remarked,  "  Carroll,  we  have  the  better  of  our 
opponents ;  we  have  completely  written  them  down."  "  And 
do  you  think,"  Mr.  Carroll  asked,  "  that  writing  will  settle 
the  question  between  us  ?"  "  To  be  sure,"  replied  his  com 
panion,  "  what  else  can  we  resort  to  ?"  "  The  bayonet," 
was  the  answer.  "  Our  arguments  will  only  raise  the 
feelings  of  the  people  to  that  pitch,  when  open  war  will  be 
looked  to  as  the  arbiter  of  the  dispute."  Some  years  before 
the  commencement  of  actual  hostilities,  Mr.  Graves,  the 
brother  of  admiral  Graves,  and  then  a  member  of  parliament, 
wrote  to  Mr.  Carroll  on  the  subject  of  the  disturbances  in 
America,  laughing  at  the  idea  of  resistance  on  the  part  of 
the  colonies,  and  declaring  that  six  thousand  English  soldiers 
would  march  from  one  end  of  the  continent  to  the  other.  "  So 
they  may,"  said  Mr.  Carroll  in  his  answer,  "  but  they  will 
be  masters  of  the  spot  only  on  which  they  encamp.  They 
will  find  nought  but  enemies  before  and  around  them.  If  we 
are  beaten  on  the  plains,  we  will  retreat  to  our  mountains 
and  defy  them.  Our  resources  will  increase  with  our  diffi 
culties.  Necessity  will  force  us  to  exertion  ;  until,  tired  of 
combating,  in  vain,  against  a  spirit  which  victory  after 
victory  cannot  subdue,  your  armies  will  evacuate  our  soil, 
and  your  country  retire,  an  immense  loser,  from  the  contest. 
— No,  sir, — we  have  made  up  our  minds  to  abide  the  issue  of 
the  approaching  struggle,  and  though  much  blood  may  be 
spilt,  we  have  no  doubt  of  ultimate  success."  These  opinions, 
openly  avowed  and  supported  by  Mr.  Carroll,  on  all  occasions, 
cause  him  to  be  ranked  with  the  Chase,  Paca,  and  Stone,  of 


CARROLL.  159 

Maryland,  and  considered  as  one  of  the  popular  leaders  of  the 
day. 

The  influence  which  his  abilities  had  procured  him,  being 
used  with  propriety  and  firmness,  was  confirmed  in  Mr.  Car 
roll's  possession,  and  his  advice  was  asked  in  all  emergencies 
of  the  troubled  times  which  immediately  preceded  the  decla 
ration  of  independence.  When  the  brig  Peggy  Stewart  im 
ported  into  Annapolis  a  quantity  of  tea,  (an  article  forbidden 
by  the  resolution  of  the  delegates  of  Maryland,  June  twenty- 
second,  1774,)  the  irritated  populace,  then  collected  from  the 
neighbouring  counties  at  the  provincial  court,  threatened 
personal  violence  to  the  master  and  consignees  of  the  vessel, 
as  well  as  destruction  to  the  cargo.  The  committee  of  dele 
gates  immediately  met,  and  appointed  a  sub-committee  to 
superintend  the  unloading  of  the  vessel,  and  to  see  that  the 
prohibited  article  was  not  landed.  Still  the  excitement  of 
popular  feeling  continued  unabated,  and  the  friends  of  Mr. 
Anthony  Stewart,  the  owner  of  the  vessel,  applied  to  Mr. 
Carroll,  as  one  most  able  to  protect  him  from  violence.  Mr. 
Carroll's  advice  was  concise  and  determined.  "It  will  not 
do,  gentlemen,  to  export  the  tea  to  Europe  or  the  West  Indies. 
Its  importation,  contrary  to  the  known  regulations  of  the  con 
vention,  is  an  offence  for  which  the  people  will  not  be  so  easily 
satisfied  ;  and  whatever  may  be  my  personal  esteem  for  Mr. 
Stewart,  and  my  wish  to  prevent  violence,  it  will  not  be  in 
my  power  to  protect  him,  unless  he  consents  to  pursue  a  more 
decisive  course  of  conduct.  My  advice  is,  that  he  set  fire  to 
the  vessel,  and  burn  her,  together  with  the  tea  that  she  con 
tains,  to  the  water's  edge."  The  applicants  paused  for  a 
moment ;  but  they  saw  no  alternative,  and  Stewart,  appear 
ing  immediately  before  the  committee,  offered  to  do  what 
Mr.  Carroll  had  proposed.  In  a  few  hours  afterwards,  the 


160  CARROLL. 

brigantine  Peggy  Stewart,  with  her  sails  set,  and  her  colours 
flying,  was  enveloped  in  flames,  and  the  immense  crowd  col 
lected  on  the  shores  of  the  harbour,  acknowledged  the  suffi 
ciency  of  the  satisfaction. 

In  January,  1775,  Mr.  Carroll  was  chosen  a  member  of 
the  first  committee  of  observation  that  was  established  in 
Annapolis,  and  in  the  same  year  he  was  elected  a  delegate 
to  represent  Anne  Arundel  county  in  the  provincial  con 
vention. 

In  the  early  part  of  the  year  1776,  the  momentous  charac 
ter  of  the  proceedings  of  the  general  congress,  then  sitting 
in  the  city  of  Philadelphia,  made  that  city  the  point  of  the 
greatest  interest  in  the  colonies,  and  the  resort  of  all  whose 
means  enabled  them  to  be  present  at  the  deliberations  of  their 
representatives.     Among  others,  Mr.  Carroll  was  an  anxious 
and  distinguished  spectator.     The  talents  which  he  had  ex 
erted  in  Maryland,  in  behalf  of  the  great  cause  of  American 
liberty,  were  well  known  and  fully  appreciated  by  the  general 
congress,  and  in  February,  1776,  he  was  appointed  a  com 
missioner,  with  Dr.  Franklin  and  Samuel  Chase,  to  proceed 
to  Canada,  to  induce  the  inhabitants  of  that  country  to  join 
the  United  Provinces  in  opposition  to  Great  Britain.     The 
ample  powers  with  which  the  commissioners  were  clothed 
shows  the  importance  of  the  appointment ;  and  the  selection 
of  Mr.  Carroll,  who  was  not  in  congress  at  the  time,  was  a 
mark  of  distinction  both  honourable  and  gratifying.     The 
commissioners  were  instructed  to  explain  to  the  Canadians 
the  nature  of  the  institutions  of  the  United  Provinces,  and 
the  principles  of  the  confederation  ;  to  urge  the  natural  con 
nexion  which  subsisted  between  Canada  and  the  colonies ; 
the  mutual  interest  of  both  the  countries  to  unite  in  opposi 
tion  to  tyranny,  and  the  certainty  of  success  from  a  well 


CARROLL. 

directed  use  of  their  conjoined  energies ;  to  guarantee  such 
form  of  government  as  the  Canadians  might  set  up,  together 
with  the  free  and  undisturbed  exercise  of  religion ;  to  press 
the  people  to  have  a  full  representation  in  convention,  to  take 
into  consideration  the  propositions  of  the  United  Provinces ; 
to  establish  a  free  press ;  to  settle  all  disputes  between  the 
Canadians  and  continental  troops ;  to  sit  and  vote  as  mem 
bers  of  councils  of  war  for  erecting  or  demolishing  fortifica 
tions,  and  to  draw  on  the  president,  for  that  purpose,  for  any 
sums  of  money,  not  exceeding  one  hundred  thousand  dollars 
in  the  whole;  to  encourage  the  trade  and  commerce  of  the 
country ;  to  give  credit  and  circulation  to  the  continental 
money ;  and  to  suspend  any  military  officer,  whose  conduct, 
in  the  opinion  of  the  commissioners,  was  improper  or  unjust. 

In  the  resolution  of  congress,  appointing  the  commissioners, 
Mr.  Carroll  is  "  requested  to  prevail  on  Mr.  John  Carroll  to 
accompany  the  committee  to  Canada,  to  assist  them  in  such 
matters  as  they  shall  think  useful."  The  standing  and  in 
fluence  of  Mr.  John  Carroll,  as  a  catholic  clergyman  of  ta 
lents  and  activity,  it  was  hoped  would  be  of  essential  service 
in  the  accomplishment  of  the  mission,  by  removing  from  the 
minds  of  a  catholic  population  all  suspicion  of  interference 
on  religious  subjects. 

The  committee  found  manv  difficulties  to  contend  with  on 
reaching  Canada.  The  ardour  which  had  prevailed  among 
the  Canadians  in  favour  of  the  measure,  when  the  American 
troops  first  entered  the  country,  had  been  damped  by  tho 
inefficiency  of  the  force  employed,  and  almost  wholly  de 
stroyed  by  the  defeat  and  death  of  Montgomery.  The 
inhabitants  became  provoked,  when  the  want  of  regular 
supplies  compelled  the  continental  troops  to  support  them- 
VOL.  IV X 


162  CARROLL. 

selves  by  levying  contributions  on  those  whom  they  were 
sent  to  assist ;  and  the  priests,  never,  as  a  body,  in  favour 
of  the  cause,  seized  the  moment  of  irritation  to  incense  their 
parishioners  against  the  United  Colonies.  Under  these  op 
posing  circumstances,  the  commissioners  did  every  thing 
that  lay  in  their  power.  They  issued  proclamations  ;  they 
promised  privileges ;  and  called  upon  the  people  to  bear 
patiently  the  temporary  evils,  which,  remittances  and  reen- 
forcements  from  congress,  would  in  a  short  time  obviate. 
For  a  while,  these  assurances  produced  some  effect :  but  the 
continuance  of  the  causes  of  dissatisfaction;  the  want  of 
specie,  clothing  and  provisions;  the  disorder  and  sickness 
prevailing  among  the  American  troops,  and  their  total  in 
adequacy  to  the  object  for  which  they  entered  Canada,  again 
occasioned  murmurs  among  the  inhabitants,  and  finally  alien 
ated  their  affections  from  the  United  Colonies.  After  re 
maining  in  Canada  as  long  as  there  was  a  prospect  of  being 
useful,  the  commissioners  returned  to  Philadelphia;  and  on 
the  twelfth  of  June,  1776,  a  few  days  after  their  arrival, 
presented  the  written  report  of  their  proceedings  to  the  con 
gress  then  in  session. 

Mr.  Carroll  returned  from  Canada  during  the  discussion 
in  congress  of  the  "  Subject  of  Independence,"  and  in  time 
to  see  realized  the  result  which  he  had  anticipated  and  has 
tened,  years  before,  in  his  controversy  with  "Antilon." 
But  he  found  the  representatives  of  his  native  state  shackled 
with  instructions,  "  to  disavow  in  the  most  solemn  manner, 
all  design  in  the  colonies  of  independence."  These  instruc 
tions  were  given  by  the  convention  of  Maryland,  in  December, 
1775,  at  which  time  Mr.  Carroll  strongly  opposed  them.  On 
his  return  from  Canada,  he  became  more  than  ever  convinced 


CARROLL. 

of  their  impropriety  in  the  present  crisis,  and  hastened  to 
Annapolis,  to  procure,  if  possible,  their  withdrawal. 

On  reaching  Annapolis,  Mr.  Carroll  resumed  his  seat  in. 
the  convention,  and  advocated  the  withdrawal  of  the  instruc 
tions  of  December,  1775,  and  the  substitution  of  others  in 
their  stead,  empowering  the  delegates  in  congress  "to  concur 
with  the  other  united  colonies,  or  a  majority  of  them,  in  de 
claring  the  United  Colonies  free  and  independent  states." 
His  exertions  in  their  behalf  were  indefatigable.  No  time 
was  to  be  lost ;  the  debates  in  congress  were  coming  to  a 
head  ;  independence  was  already  almost  resolved  upon,  and 
the  delay  of  a  single  hour  might  prevent  Maryland  from 
participating  in  its  declaration.  These,  and  other  reasons, 
were  urged  by  Mr.  Carroll  and  his  friends,  to  procure  des 
patch  in  the  deliberations  of  the  convention,  and  on  the 
twenty-eighth  of  June,  the  old  instructions  were  withdrawn ; 
new  instructions  were  given,  containing  the  powers  proposed 
by  Mr.  Carroll ;  and,  on  the  second  of  July,  1776,  the  dele 
gates  of  Maryland  found  themselves  authorized  to  vote  for 
independence. 

The  zealous  and  active  part  taken  by  Mr.  Carroll  in 
procuring  the  instructions  of  June  twenty-eighth,  was  the 
cause  of  his  immediate  appointment  as  a  delegate  from  Ma 
ryland  to  the  general  congress;  and  on  the  fourth  of  July, 
1776,  when  a  new  appointment  of  delegates  was  made  by  the 
convention,  we  find  Mr.  Carroll's  name  on  the  list,  for  the 
first  time.  The  important  business  then  before  the  conven 
tion,  detained  Mr.  Carroll  for  some  days  in  Annapolis,  after 
his  appointment ;  and  on  the  sixth  of  July,  he  had  the  satis 
faction  of  seeing  the  declaration  of  the  convention  of  Mary 
land  published  to  the  world.  This  being,  in  part,  the  con 
sequence  of  the  new  instructions,  well  deserves  mention  in 


164  CARROLL. 

the  story  of  Mr.  Carroll's  life,  as  a  measure  in  the  accom 
plishment  of  which  he  bore  a  distinguished  part.  After 
reciting  the  wrongs  suffered  from  the  king  of  Great  Britain, 
the  declaration  continues, 

"We,  the  delegates  of  Maryland,  in  convention  assembled, 
do  declare,  that  the  king  of  Great  Britain  has  violated  his 
contract  with  this  people,  and  that  they  owe  no  allegiance  to 
him.  We  have  therefore  thought  it  just  and  necessary  to  em 
power  our  deputies  in  congress,  to  join  with  a  majority  of  the 
United  Provinces  in  declaring  them  free  and  independent 
states,  in  framing  such  further  confederation,  in  making 
foreign  alliances,  and  in  adopting  suph  other  measures  as 
shall  be  judged  necessary  for  the  preservation  of  their  liber 
ties.  No  ambitious  views,  no  desire  of  independence, 
induced  the  people  of  Maryland  to  form  an  union  with  the 
other  provinces.  To  procure  an  exemption  from  parliamen 
tary  taxation,  and  to  continue  to  the  legislatures  of  these 
colonies  the  sole  and  exclusive  right  of  regulating  their  in 
ternal  polity,  was  our  original  and  only  motive.  To  main 
tain  inviolate  our  liberties^  and  to  transmit  them  unimpaired 
to  posterity,  was  our  duty  and  first  wish  ;  our  next  to  con 
tinue  connected  with,  and  dependent  on  Great  Britain.  For 
the  truth  of  these  assertions,  we  appeal  to  that  Almighty 
Being,  who  is  emphatically  styled  the  Searcher  of  hearts, 
and  from  whose  omniscience  nothing  is  concealed.  Relying 
on  his  divine  protection,  and  trusting  to  the  justice  of  our 
cause,  we  exhort  and  conjure  every  virtuous  citizen,  to  join 
cordially  in  defence  of  pur  common  rights,  and  in  mainten 
ance  of  the  freedom  of  this  and  her-sister  colonies." 

On  the  eighteenth  of  July,  the  credentials  of  the  new  ap 
pointment  of  delegates  from  Maryland  to  the  general  congress, 


CARROLL.  165 

was  received  by  that  body,  and  Mr.  Carroll,  on  the  same  day, 
took  his  seat  as  a  member. 

Although  Mr.  Carroll  did  not  vote  on  the  question  of  inde 
pendence,  yet  he  was  among  the  earliest  of  those  who  affixed 
their  signatures  to  its  declaration.  The  printed  journals  of 
congress,  indeed,  make  it  appear,  that  the  Declaration  of 
Independence  was  adopted  and  signed  on  the  fourth  of  July, 
by  the  gentlemen  whose  names  are  subscribed  to  it  under  the 
head  of  that  date.  But  this  impression,  as  has  been  explained 
in  the  life  of  Thomas  M'Kean,  is  incorrect;  because,  in 
fact,  not  one  signature  was  affixed  to  the  declaration  until 
the  second  of  August.  The  idea  of  signing  does  not  appear 
to  have  occurred  immediately;  for  not  until  the  nineteenth 
of  July,  as  will  appear  by  reference  to  the  secret  journals, 
did  the  resolution  pass,  directing  the  Declaration  to  be 
engrossed  on  parchment.  This  was  accordingly  done;  and 
on  the  second  of  August  following,  when  the  engrossed  copy 
was  prepared,  and  not  before,  the  Declaration  was  signed 
by  the  members,  who  on  that  day  were  present  in  con 
gress.  Among  these  was  Mr.  Carroll.  Those  members 
who  were  absent  on  the  second  of  August,  subscribed  the 
Declaration  as  soon  after  as  opportunity  offered. 

The  above  account  is  sustained,  not  only  by  the  private 
and  public  journals  of  the  congress  of  1776,  and  by  the 
facts  previously  referred  to,  but  also  from  the  following  letter 
from  Mr.  Adams,  while  secretary  of  state,  written  to  Mr. 
Carroll,  on  the  twenty-fourth  of  June,  1824. 

"  Sir — In  pursuance  of  a  joint  resolution  of  the  two  houses 
of  congress,  a  copy  of  which  is  hereto  annexed,  and  by  di 
rection  of  the  president  of  the  United  States,  I  have  the 
honour  of  transmitting  to  you  two  f etc  simile  copies  of  the 


166  CARROLL. 

original  Declaration  of  Independence,  engrossed  on  parch 
ment,  conformably  to  a  secret  resolution  of  congress  of  nine 
teenth  July,  1776,  to  be  signed  by  every  member  of  congress, 
and  accordingly  signed  on  the  second  day  of  August,  of  the 
same  year.  Of  this  document,  unparalleled  in  the  annals  of 
mankind,  the  original,  deposited  in  this  department,  exhibits 
your  name  as  one  of  the  subscribers.  The  rolls  herewith 
transmitted,  are  copies  as  exact  as  the  art  of  engraving 
can  present,  of  the  instrument  itself,  as  well  as  of  the  signers 
to  it. 

"  While  performing  the  duty  thus  assigned  me,  permit  me 
to  felicitate  you,  and  the  country  which  is  reaping  the  reward 
of  your  labours,  as  well  that  your  hand  was  affixed  to  this 
record  of  glory,  as  that,  after  the  lapse  of  near  half  a 
century,  you  survive  to  receive  this  tribute  of  reverence 
and  gratitude,  from  your  children,  the  present  fathers  of  the 
land. 

"  With  every  sentiment  of  veneration,  I  have  the  honour, 
&c." 

The  engrossed  copy  of  the  Declaration  of  Independence 
was  placed  on  the  desk  of  the  secretary  of  congress,  on  the 
second  of  August,  to  receive  the  signatures  of  the  members, 
and  Mr.  Hancock,  president  of  congress,  during  a  conversa 
tion  with  Mr  Carroll,  asked  him  if  he  would  sign  it.  "Most 
willingly,"  was  the  reply,  and  taking  a  pen,  he  at  once  put 
his  name  to  the  instrument.  "  There  go  a  few  millions," 
said  one  of  those  who  stood  by ;  and  all  present  at  the  time 
agreed,  that  in  point  of  fortune,  few  risked  more  than  Charles 
Carroll  of  Carrollton. 

A  resolution  having  passed  on  the  eighteenth  of  July, 
"  that  another  member  be  added  to  the  board  of  war,"  Mr. 


CARROLL.  167 

Carroll  was  appointed,  and  continued  actively  engaged  in  its 
arduous  duties  while  he  remained  in  congress.  During  the 
investigation  by  the  board,  of  the  disputes  arising  out  of  the 
Canada  expedition,  and  in  the  consideration  of  the  move 
ments  of  the  army  in  the  north,  the  local  knowledge  which 
Mr.  Carroll  had  aquired  in  his  late  journey,  together  with 
his  acute  observations  upon  the  state  of  the  country,  and 
the  character  and  disposition  of  the  people,  were  of  important 
service. 

All  the  time  that  Mr.  Carroll  could  spare  from  his  duties 
in  congress,  he  gave  to  the  convention  of  Maryland,  in  which 
he  still  retained  his  seat ;  and  in  the  latter  part  of  1776,  was 
one  of  the  committee  appointed  to  draught  the  constitution  of 
that  state.  In  December,  1776,  he  was  chosen  to  the  senate 
of  Maryland,  being  the  first  senate  under  the  new  constitu 
tion;  and  in  February,  1777,  he  was  re-appointed  a  delegate 
to  congress  by  the  general  assembly. 

Mr.  Carroll  continued  in  congress  until  the  year  1778, 
when  the  treaty  with  France,  removing  from  his  mind  all 
doubt  as  to  the  ultimate  success  of  the  war  of  the  revolution, 
and  his  duty  as  a  senator  of  Maryland  requiring  his  atten 
dance  in  Annapolis,  he  resigned  his  seat,  and  for  the  future 
devoted  himself  to  the  local  politics  of  his  native  state.  In 
the  year  1781,  he  was  re-elected  to  the  senate  of  Maryland, 
in  which  he  had  already  served  five  years  ;  and  in  December, 
1788,  was  chosen  representative  of  Maryland  in  the  senate 
of  the  United  States,  immediately  after  the  adoption  of  the 
federal  constitution. 

Congress  then  held  its  sessions  in  New  York,  whither 
Mr.  Carroll  repaired  soon  after  his  election,  and  took  an 
active  part  in  the  business  and  discussions  of  the  day. 


](5B  CARROLL. 

always  adhering  to,  and  strongly  supporting,  the  federal 
party. 

In  order  that  the  seats  of  the  members  of  the  senate  might 
not  all  be  vacated  at  the  same  time,  it  became  necessary, 
according  to  the  constitution,  to  vary  the  length  of  the  first 
terms  of  service,  so  that  the  regular  elections  for  the  future 
would,  while  they  produced  a  biennial  alteration,  not  occa 
sion  an  entire  change  in  any  two  years.  To  decide,  there 
fore,  who  should  remain  senators  for  two  years,  who  for 
four,  and  who  for  six,  lots  were  cast,  and  Mr.  Carroll  fell 
into  the  first  class,  whose  term  of  service  expired  at  the  end 
of  the  second  annual  session. 

In  1791,  Mr.  Carroll  vacated  his  seat  in  the  senate  of  the 
United  States,  and  in  the  same  year  was  once  more  chosen 
to  the  senate  of  Maryland.  In  1796,  he  was  again  re-elected; 
and  in  1797,  was  one  of  the  commissioners  appointed  to  set 
tle  the  boundary  line  between  Virginia  and  Maryland.  Mr. 
Carroll  continued  an  active  member  of  the  senate  of  his 
native  state  until  1804,  when  the  democratic  party  carried 
their  ticket,  and  he  was  left  out.  In  the  year  last  mentioned, 
he  retired  from  public  life,  after  having  been  a  member  of 
the  first  committees  of  observation,  twice  in  the  convention 
of  Maryland,  twice  appointed  delegate  to  congress,  once 
chosen  representative  to  the  senate  of  the  United  States,  and 
four  times  elected  a  senator  of  Maryland. 

We  have  now  reached  the  termination  of  Mr.  Carroll's 
public  life,  in  his  sixty-third  year,  and  see  him  retiring 
among  his  fellow  citizens  to  the  quiet  enjoyments  of  his 
family  circle.  His  life,  from  1801,  up  to  the  present  time, 
affords  few  materials  for  a  biography  It  has  glided  along,  in 
that  tranquil  happiness  which  the  full  enjoyment  of  every 


CARROLL.  169 

faculty,  the  recollection  of  past  honours,  the  possession  of  a 
large  fortune,  the  affection  and  attention  of  children  and  grand- 
children,  and  the  respect  of  his  countrymen,  could  bestow ; 
and  in  his  ninetieth  year,  Charles  Carroll  of  Carrollton 
finds  his  activity  undiminished,  his  faculties  unimpaired, 
and  his  feelings  and  affections  buoyant  and  warm. 

In  1825,  one  of  Mr.  Carroll's  grand- daughters  was  married 
to  the  marquis  of  Wellesley,  then  viceroy  of  Ireland  ;  and 
it  is  a  singular  circumstance,  that  one  hundred  and  forty 
years  after  the  first  emigration  of  her  ancestors  to  America, 
this  lady  should  become  vice-queen  of  the  country  from  which 
they  fled,  at  the  summit  of  a  system,  which  a  more  immediate 
ancestor  had  risked  every  thing  to  destroy ;  or,  in  the  ener 
getic  and  poetical  language  of  bishop  England,  "that  in 
the  land  from  which  his  father's  father  fled  in  fear,  his 
daughter's  daughter  now  reigns  as  queen." 

"  Like  the  books  of  the  Sybil,  the  living  signers  of  the 
Declaration  of  Independence  increased  in  value  as  they 
diminished  in  number."  On  the  third  of  July,  1826,  three 
only  remained — John  Adams,  Thomas  Jefferson,  and  Charles 
Carroll  of  Carrollton.  On  the  fourth  of  July,  1826,  the 
fiftieth  anniversary  of  the  day  on  which  they  pledged  their 
all  to  their  country,  when  the  ten  millions  who  were  indebted 
to  them  for  liberty,  were  celebrating  the  year  of  jubilee; 
when  the  names  of  the  three  signers  were  on  every  lip,  John 
Adams  and  Thomas  Jefferson  died,  leaving  Charles  Carroll 
of  Carrollton  the  last  link  between  the  past  and  present 
generations. 

During  thirty  years  passed  in  public  life,  embracing  the 
most  eventful  period  of  the  history  of  the  United  States,  Mr- 
Carroll,  as  a  politician  was  quick  to  decide,  and  prompt  to 
execute.  His  measures  were  open  and  energetic,  and  he 
VOL.  IV Y 


170  CARROLL. 

was  more  inclined  to  exceed  than  to  fall  short  of  the  end 
which  he  proposed.  As  a  speaker,  he  was  concise  and  ani 
mated  ;  the  advantages  of  travel  and  society,  made  him  grace 
ful  ;  hooks,  habits  of  study,  and  acute  observation  made  him 
impressive  and  instructive.  As  a  writer  he  was  remarkably 
dignified  ;  his  arrangement  was  regular ;  his  style  was  full, 
without  being  diffuse,  and,  though  highly  argumentative, 
was  prevented  from  being  dull  by  the  vein  of  polite  learning 
which  was  visible  throughout. 

In  person  Mr.  Carroll  is  slight,  and  rather  below  the  mid 
dle  size.  His  face  is  strongly  marked ;  his  eye  is  quick  and 
piercing,  and  his  whole  countenance  expressive  of  energy 
and  determination.  His  manners  are  easy,  affable,  and 
graceful  5  and  in  all  the  elegancies  and  observances  of  polite 
society,  few  men  are  his  superiors. 


Drawn  arid  Engraved,  ty  J.  B.Longacre,  from  a   Portrait 
in  the  American  Gleaner. 


GEORGE    WYTHE. 


THE  representatives  of  Virginia,  in  the  congress  of  1776, 
have  always  held  a  very  high  rank  among  the  members  of 
that  assembly,  remarkable  as  it  was  for  intelligence,  patriot 
ism,  and  prudence.  They  were  seven  in  number  :  GEORGE 
WYTHE,  RICHARD  HENRY  LEE,  THOMAS  JEFFERSON,  BEN 
JAMIN  HARRISON,  THOMAS  NEISON,  JR.,  FRANCIS  LIGHT- 
FOOT  LEE,  and  CARTER  BRAXTON. 

The  following  account  of  Mr.  Wythe  is  much  less  circum 
stantial  than  is  required  by  the  dignity  of  the  subject  The 
most  important  actions  of  his  public  life,  are  so  blended  with 
the  general  history  of  the  country,  and  his  name  so  conjoined 
with  the  other  patriots  of  the  revolution,  as  to  admit  very 
little  distinct  or  particular  detail.  Of  his  private  and  do 
mestic  transactions,  he  has  left  himself  no  remembrance,  and 
his  friends,  by  whose  aid  we  hoped  to  supply  the  deficiency, 
appear  to  have  postponed  this  principal  object,  to  indulge  in 
expressions  of  affection  for  his  memory,  and  have  furnished 
us  rather  a  panegyric,  than  a  history  of  his  life.  "We  shall 
endeavour,  however,  from  the  few  materials  within  our  reach, 
to  exhibit  such  a  general  view  of  his  character  as,  we  hope, 
will  not  be  unacceptable  to  our  readers. 


WYTHE. 

GEORGE  WYTHE  was  born  in  the  year  1726,  in  the  county 
of  Elizabeth  city,  on  the  shores  of  the  Chesapeake,  in  the 
then  colony  of  Virginia.  He  was  descended  from  a  respect 
able  family,  and  inherited  from  his  father,  who  was  a  farmer, 
an  estate  amply  sufficient  for  all  the  purposes  of  ease  and  in 
dependence.  His  mother  was  a  woman  of  great  strength  of 
mind,  and  of  singular  learning;  amongst  other  acquirements, 
she  possessed  an  accurate  knowledge  of  the  Latin  language, 
and  under  her  tuition,  he  received  the  rudiments  of  his  edu 
cation. 

The  instructions  which  he  received  at  school,  by  some  un 
accountable  negligence,  were  extremely  limited ;  being  con 
fined  to  mere  reading  and  writing  the  English  language,  witli 
a  very  superficial  knowledge  of  arithmetic.  But  his  power 
ful  mind,  exerting  its  own  efforts,  soon  supplied  his  defect  of 
scholastic  education ;  for,  with  the  sole  assistance  afforded 
by  his  mother,  he  became  one  of  the  most  accomplished  Latin 
and  Greek  scholars  of  his  country ;  and  by  his  unaided 
exertions,  attained  a  very  honourable  proficiency  in  other 
branches  of  learning.  To  grammar,  rhetoric  and  logic, 
which  he  is  said  to  have  studied  with  great  success,  he 
added,  at  an  early  age,  an  extensive  acquaintance  with  civil 
law;  a  profound  knowledge  of  mathematics,  as  well  as  of 
natural  and  moral  philosophy. 

Of  these  various  attainments,  so  honourable  to  his  industry 
and  genius,  much  of  the  merit,  no  doubt  very  justly,  is  as 
cribed  to  the  affectionate  and  tender  zeal  of  his  mother :  it 
is  related  that  she  not  only  taught  him  the  Latin,  but  as 
sisted  also  his  acquisition  of  the  Greek,  though  altogether 
unacquainted  with  that  language ;  uniting  for  this  purpose, 
in  his  studies,  and  by  inspecting  an  English  version  of  the 


WYTHE.  173 

works  which  he  read,  enabling  herself  to  aid  his  progress 
and  to  ascertain  the  accuracy  of  his  translations. 

Of  this  excellent  mother  he  was  bereaved  during  his  mi 
nority.  He  lost  also,  near  the  same  time,  his  father,  of 
whom  there  is  given  a  very  amiable  character,  for  simplicity 
and  candour  of  behaviour,  parental  tenderness,  and  for  pru 
dence  in  the  management  of  his  fortune.  Being  thus  in  the 
possession  of  money,  and  exposed,  in  the  luxuriance  of 
youthful  passions,  to  the  seductions  of  pleasure,  he  suspend 
ed  during  several  years,  all  useful  study,  and  spent  his 
whole]  time  in  idle  amusements  and  dissipation.  But  to 
whatever  levities  he  may  have  been  betrayed,  it  is  evident 
from  the  subsequent  events  of  his  life,  that  his  principles  of 
honour  remained  uncorrupted.  When  he  had  attained  his 
thirtieth  year,  he  shook  off  all  these  youthful  follies,  and  em 
ployed  himself  in  the  most  indefatigable  study ;  and  from 
this  period  till  the  close  of  his  life,  protracted  to  the  length 
of  eighty  years,  lived  in  the  practice  of  the  most  rigid  and 
inflexible  virtue. 

To  his  friends  he  often  expressed  the  deepest  regret  that 
so  many  years  of  time  had  thus  been  irretrievably  lost  to 
him  ;  and  when  we  reflect  on  the  many  splendid  monuments 
of  his  wisdom,  and  patriotic  devotion  to  the  best  interests  of 
his  country,  which  have  given  him  an  imperishable  name  in 
her  records,  an  instructive  lesson  may  be  drawn  from  his 
generous  repentance.  No  man  ever  stood  higher  in  the  esti 
mation  of  his  countrymen ;  and  no  one  better  merited  this 
distinction,*  yet  after  fifty  years  bad  been  spent  in  the  exer 
cise  of  all  that  is  noble  in  man,  the  venerable  patriot  still 
sighed  over  the  short  period  of  youthful  aberration,  as  so 
much  valuable  time  unemployed  in  conferring  benefits  on  his 
country  and  on  mankind. 


174  WYTHE. 

He  studied  the  profession  of  the  law  under  the  direction  of 
Mr.  John  Lewis,  an  eminent  practitioner ;  and  at  an  early 
period  was  called  to  the  bar  of  the  general  court,  then  filled 
by  men  of  great  eminence  and  ability  in  their  profession. 
For  a  short  time  he  continued  their  equal,  but  by  reason  of 
his  extensive  learning,  correctness  of  elocution,  and  his  logi 
cal  style  of  argument,  he  quickly  arrived  at  the  head  of  the 
bar. 

As  a  lawyer,  the  character  of  Wythe  bears  the  severest 
scrutiny.  In  his  hands  the  dignity  of  the  profession  was 
never  prostrated  to  the  support  of  an  unjust  cause  :  in  this 
he  was  so  scrupulous,  that  where  doubts  were  entertained  of 
th«  truth  of  his  clients'  statements,  he  even  required  the  so 
lemnity  of  an  oath  previous  to  his  defence ;  and  if  deception 
was  in  any  manner  practised  upon  him,  the  fee  was  returned, 
and  the  cause  abandoned.  Such  disinterestedness  procured 
him  universal  esteem ;  and  as  he  was  no  less  distinguished 
by  correctness  and  purity  of  conduct  in  his  profession,  than 
by  his  great  learning,  and  his  industry  and  fidelity  to  those 
who  employed  him,  promotion  succeeded  confidence,  and  on 
the  organization  of  the  new  government,  he  was  invested 
with  the  most  considerable  judicial  rank  which  his  country 
could  bestow  upon  him.  As  chancellor  of  Virginia,  he  con 
tinued  to  dispense  the  most  exact  justice  until  thdtlay  of  his 
death. 

Early  in  life  he  was  elected  to  represent  his  native  county 
in  the  house  of  burgesses  5  of  which  he  continued  a  member 
until  the  dawn  of  the  revolution.  His  cotemporaries  in  the 
house,  were  men  of  the  highest  standing  in  Virginia  for  rank 
and  talent ;  and  in  the  memorable  year  of  1764,  when  the  re 
solutions  of  the  British  parliament  preparatory  to  the  pas 
sage  of  the  stamp  act,  were  communicated  to  the  house  of 


WYTHE.  175 

burgesses,  he  found  himself  called  upon  to  act  with  such 
worthies  as  Robert  C.  Nicholas,  Edmond  Pendleton,  Rich 
ard  Bland,  Peyton  Randolph,  Richard  Henry  Lee  and  Ben 
jamin  Harrison.  And  his  holding  a  prominent  station  amongst 
these  most  celebrated  names  of  our  country,  is  no  equivocal 
evidence  of  his  abilities  and  merits. 

On  the  14th  of  November  1764,  he  was  appointed  a  mem 
ber  of  a  committee  of  the  house  of  burgesses,  to  prepare  and 
report  a  petition  to  the  king ;  a  memorial  to  the  house  of 
lords,  and  a  remonstrance  to  the  house  of  commons,  on  the 
subject  of  the  proposed  stamp  act.  The  latter  paper  was 
drawn  up  by  Wythe,  and  following  his  own  principles,  his 
language  was  that  of  boldness  and  truth  ;  going  far  beyond 
the  timid  hesitations  of  his  colleagues,  who  viewed  it  as  bor 
dering  on  treason,  consequently  his  draft  was  subjected  to 
many  material  modifications.  These  documents  were  re 
ported  on  the  18th  of  December,  and  after  much  warm 
debate  and  considerable  amendments  tending  to  soften  the 
asperity  of  complaint,  received  the  concurrence  of  council. 

From  the  general  tenor  of  these  papers,  it  is  obvious  that 
revolutionary  opposition  to  the  regal  government,  was  not 
then  intended.  For,  although  the  rights  of  the  colony,  so 
far  as  they  respected  exemption  from  taxation,  except  by  her 
own  representatives,  are  firmly  set  forth  and  insisted  on ;  yet 
the  language  is  supplicatory,  and  the  miseries  about  to  be 
inflicted  on  an  impoverished  community  by  the  excessive 
weight  of  the  projected  law,  are  feelingly  anticipated.  Re 
monstrance  alone  was  intended,  and  the  colonies  looked  with 
anxiety  to  the  parent  country  for  favourable  replies  to  most 
dutiful  petitions ;  but  remonstrance  was  ineffectual,  and  in 
January  1765,  the  stamp  act  was  passed,  to  have  operation 


176  WYTHE. 

from  the  first  of  November  following.  The  promulgation  of 
this  law,  soon  diffused  a  spirit  of  discontent  and  opposition 
through  America,  and  brought  the  abilities  of  her  patriots  and 
heroes  into  more  conspicuous  notice. 

In  Virginia  the  house  of  burgesses  had  received  an  extra 
ordinary  acquisition  in  the  person  of  one  of  its  young  mem 
bers,  the  celebrated  Patrick  Henry  ;  who,  from  comparative 
obscurity,  was  ultimately  thrice  raised  to  the  highest  dignity 
of  the  commonwealth,  by  the  unanimous  voice  of  his  country 
men.  Henry  was  one  of  the  most  fascinating  orators  of 
modern  times :  his  patriotism,  like  that  of  most  of  his  asso 
ciates  in  public  life,  was  of  the  purest  kind ;  and  in  conse 
quence  of  his  great  exertions  in  the  house  of  burgesses  ;  by 
the  marked  intrepidity  of  his  conduct ;  by  the  fire  of  his 
matchless  eloquence,  the  American  revolution  presented  its 
first  determined  front,  in  the  boldest  opposition  to  the  hate 
ful  law. 

A  few  days  previous  to  the  close  of  the  session,  in  May, 
1765,  the  following  resolutions  were  offered  to  the  considera 
tion  of  the  house  by  Mr  Henry. 

"  Resolved — That  the  first  adventurers  and  settlers  of 
this,  his  majesty's  colony  and  dominion,  brought  with  them, 
and  transmitted  to  their  posterity,  and  all  other  his  majesty's 
subjects,  since  inhabiting  in  this,  his  majesty's  said  colony, 
all  the  privileges,  franchises,  and  immunities,  that  have  at 
any  time  been  held,  enjoyed  and  possessed,  by  the  people  of 
Great  Britain. 

"  That  by  two  royal  charters  granted  by  king  James  the 
first,  the  colonists  aforesaid  are  declared  entitled  to  all  the 
privileges  and  immunities  of  denizens  and  natural  born  sub 
jects,  to  all  intents  and  purposes,  as  if  they  had  been  abiding 
and  born  within  the  realm  of  England. 


W  YTHE.  1 77 

"  That  the  taxation  of  the  people  by  themselves,  or  by 
persons  chosen  by  themselves  to  represent  them,  who  can 
only  know  what  taxes  the  people  are  able  to  bear,  and  the 
easiest  mode  of  raising  them,  is  the  distinguishing  charac 
teristic  of  British  freedom,  and  without  which  the  ancient 
constitution  cannot  subsist. 

"That  his  majesty's  liege  people  of  this  most  ancient 
colony,  have,  uninterruptedly,  enjoyed  the  right  of  being  thus 
governed  by  their  own  assembly  in  the  article  of  their  taxes 
and  internal  police ;  and  that  the  same  hath  never  been  for 
feited,  or  any  other  way  given  up,  but  hath  been  constantly 
recognized  by  the  king  and  people  of  Great  Britain. 

"  Resolved  therefore,  that  the  general  assembly  of  this 
colony,  have  the  sole  right  and  power  to  lay  taxes  and  im 
positions  upon  the  inhabitants  of  this  colony:  and  that  any 
attempt  to  vest  such  power  in  any  person  or  persons  what 
soever,  other  than  the  general  assembly  aforesaid,  has  a  mani 
fest  tendency  to  destroy  British,  as  well  as  American  freedom." 

These  resolutions  created  an  extraordinary  alarm  in  the 
house,  and  the  most  violent  debates  ensued.  Not  only  were 
they  opposed  by  the  advocates  of  the  measures  of  the  royal 
government,  and  by  the  aristocracy  of  the  state,  but  even 
some  of  the  warmest  friends  of  American  independence, 
endeavoured  to  prevent  their  adoption.  Among  the  latter 
we  find,  Nicholas,  Pendleton,  Randolph,  Bland,  and  Wythe ; 
who  had  long  been  the  habitual  leaders  of  the  house.  Their 
opposition  was,  however,  not  founded  on  any  difference  of 
principle,  but  because  the  petition,  memorial  and  remon 
strance  of  the  preceding  session,  had  already  expressed  the 
same  sentiments,  and  made  the  same  assertions  of  right; 
and  answers  to  those  documents  were  yet  to  be  expected. 
Notwithstanding  the  daring  language  of  the  resolutions,  the 
VOL.  IV Z 


17S  WTTHE. 

opposition  of  the  ministerial  party  in  the  house,  and  the  dread 
of  the  hest  friends  of  our  liberties,  of  plunging  the  colony  un 
prepared,  feeble,  and  without  defence,  into  hostility  with  Great 
Britain,  the  bold  and  sublime  eloquence  of  Henry  achieved  a 
victory.  The  resolutions  were  alladopted  after  some  immate 
rial  alterations  in  each  of  them;  but  the  fifth,  and  strongest, 
was  passed  by  a  majority  of  a  single  vote.  Henry  did  not  at 
tend  the  sitting  of  the  following  day,  and  then,  the  alarm  of 
a  majority  of  burgesses,  caused  them  by  a  timid  vote  to 
expunge  the  fifth  resolution  from  the  journals. 

The  repeal  of  the  stamp  act  in  1766,  in  a  great  degree 
revived  the  affection  of  the  colonists  for  the  mother  country ; 
but  the  subsequent  passage  of  the  statute,  commonly  termed 
the  glass,  paper  and  tea  act;  the  statute  restricting  the 
powers  of  the  New  York  legislature;  and  the  statute  erect 
ing  courts  of  vice  admiralty  on  new  models,  soon  afterwards 
excited  anew  their  apprehensions,  and  inflamed  their  discon 
tents;  and  during  the  session  of  1768,  Wythe  was  a  member 
of  the  house  of  burgesses,  in  which  he  held  a  prominent  sta 
tion,  when  the  famous  resolutions  were  adopted,  by  which 
Virginia  asserted  in  determined  language,  her  exclusive 
right  of  taxation,  in  all  cases  whatsoever;  complained  of  the 
violation  of  the  British  constitution,  by  recent  acts  of  parlia 
ment;  and  firmly  remonstrated  against  the  oppression  of 
holding  trials  in  England,  on  persons,  for  offences  committed 
in  the  colonies. 

These  resolutions,  breathing  the  full  spirit  of  patriotism, 
were  hurried  through  the  house  without  regard  to  the 
established  form  of  parliamentary  proceedings,  lest  the 
assembly  should  be  dissolved  by  the  governor,  on  the  first 
intimation  which  he  might  receive  of  their  proposed  acts.  In 
fact,  lord  Bottetourt  heard  of  the  resolutions  late  in  the  even- 


WYTHE.  179 

ing;  in  vain  endeavoured  to  procure  a  copy  of  them  from  the 
clerk,  and  on  the  next  day  dissolved  the  house  of  burgesses ; 
hut  not  until  the  records  were  entered  on  the  journals:  the 
members  having  very  early  in  the  morning  convened  for 
that  purpose,  in  correct  anticipation  of  their  immediate  dis 
persion. 

The  dissolution  of  the  house,  did  not  produce  any  effect 
favourable  to  the  royal  cause.  The  same  members,  without 
any  exception  were  returned,  and  the  spirit  of  resistance 
increased  in  strength.  Wythe,  as  a  member  of  the  house, 
was  bold  and  determined  in  the  position  he  had  taken.  On 
the  one  hand,  the  liberties  of  his  country  were  threatened  ; 
and  on  the  other,  his  character,  nay,  his  life  itself  was  placed 
in  danger.  But  no  human  consideration  was  equivalent  to 
his  love  of  liberty  and  fidelity  to  his  country.  He  stood  on 
the  solid  ground,  that  the  only  link  of  political  union  between 
the  colones  and  Great  Britain,  was  the  identity  of  the  execu 
tive:  that  the  parent  country  and  its  parliament,  had  no  more 
authority  over  the  colonies,  than  the  colonies  over  them :  and 
that  the  colonies  were  co-ordinate  nations  with  Great  Britain 
and  Hanover. 

Thomas  Jefferson  had  been  the  pupil  of  Wythe,  and  under 
his  auspices,  was  introduced  to  the  bar.  The  sentiments  of 
the  friend  and  counsellor,  which  were  instilled  by  instruction 
and  example,  were  exhibited  to  the  world  in  the  "  Summary 
View  of  the  rights  of  British  America:"  and  now  in  the 
same  venerable  public  body,  the  preceptor  and  pupil  stood 
forth,  as  vindicators  of  the  rights  and  privileges  of  their 
injured  countrymen,  and  as  undeviating  advocates  of  that 
system  of  government,  which  has  since  been  so  happily 
established. 

From  this  time  until  177  o,  Wythe  continued  his  unabated 


180  WYTHE. 

exertions  in  favour  of  independence.  On  the  first  rising  of 
the  colonists,  he  joined  a  corps  of  volunteers,  and  evinced  his 
promptness  to  support  the  cause  which  he  had  advocated  in 
the  senate,  hy  a  resort  to  arms  in  the  field.  But  his  country, 
at  this  important  period,  required  the  united  talents  of  her 
ablest  statesmen  ;  and  in  August,  1775,  he  was  appointed 
one  of  the  delegates  from  his  native  state,  to  that  congress, 
which,  in  the  succeeding  year,  declared  the  independence  of 
America. 

In  consequence  of  this  great  change  in  the  form  of  govern 
ment,  and  in  order  to  strengthen  and  confirm  the  principles 
of  the  revolution,  the  house  of  assembly  of  Virginia,  by  a 
resolution  of  the  fifth  of  November,  1776,  appointed  Thomas 
Jefferson,  Edmond  Pendleton,  George  Wythe,  George  Ma 
son,  and  Thomas  Ludwell  Lee,  a  committee  to  revise  the 
laws  of  the  state,  as  well  of  British  as  of  colonial  enactment, 
and  to  prepare  bills  for  re-enacting  them,  with  such  altera 
tions  as  the  change  in  the  form  and  principles  of  the  govern 
ment,  and  other  circumstances  required.  The  two  last 
named  gentlemen  did  not  act  with  the  committee,  owing  to 
the  death  of  one,  and  the  resignation  of  the  other  ;  but  so  in 
dustrious  were  Jefferson,  Pendleton,  and  Wythe,  in  this 
great  work  of  .legislation,  that  on  the  eighteenth  of  June, 
1779,  one  hundred  and  twenty-six  bills  were  prepared,  and 
reported  to  the  general  assembly. 

The  common  law  of  England  is  preserved  as  the  basis 
of  the  revised  code.  To  use  the  language  of  one  of  the 
committee,  the  most  remarkable  alterations  proposed,  were. 

"  To  change  the  rules  of  descent,  so  as  that  the  lands 
of  any  person,  dying  intestate,  shall  be  divisible  equally 
among  all  his  children,  or  other  representatives,  in  equal 
degree. 


WYTHE.  I  Hi 

"  To  make  slaves  distributable  among  the  next  of-kin,  as 
other  moveables. 

"  To  have  all  public  expenses,  whether  of  the  general 
treasury,  or  of  a  parish  or  county,  (as  for  the  mainten 
ance  of  the  poor,  building  bridges,  court  houses,  &c.)  sup 
plied  by  assessments  on  the  citizens  in  proportion  to  their 
property. 

"  To  hire  undertakers,  for  keeping  the  public  roads  in  re 
pair,  and  indemnify  individuals  through  whose  lands  new 
roads  shall  be  opened. 

"  To  define  with  precision,  the  rules  whereby  aliens 
should  become  citizens,  and  citizens  make  themselves  aliens. 

"  To  establish  religious  freedom  on  the  broadest  bottom. 

"  To  emancipate  all  slaves  born  after  passing  the  act. 

"  To  proportion  crimes  and  punishments  according  to  a 
scale  submitted. 

"'To  abolish  pardon  and  privilege  of  clergy,  but  if  the  ver 
dict  be  against  the  defendant,  the  court  in  their  discretion 
may  allow  a  new  trial. 

"  No  attainder  to  cause  a  corruption  of  blood  or  forfeiture 
of  dower. 

"  Slaves  guilty  of  offences  punishable  in  others  by  labour, 
to  be  transported  to  Africa,  or  elsewhere,  as  the  circum 
stances  of  the  time  admit,  there  to  be  continued  in  slavery. 

"  A  rigorous  regimen  proposed  for  those  condemned  to  la 
bour. 

"  To  diffuse  knowlege  more  generally  through  the  mass  of 
the  people  by  means  of  public  schools. 

"  To  establish  a  public  library  and  gallery,  by  laying 
out  a  certain  sum  annually  in  books,  paintings  and  statues." 

Of  this  extensive  \vork  of  legislation,  Wythe  executed  the 
revision  of  those  laws  which  had  been  enacted  during  the  pe- 


182  WYTHE. 

riod  commencing  with  the  revolution  in  England,  and  ending 
with  the  establishment  of  the  new  government  here,  except 
the  acts  for  regulating  descents  ;  for  religious  freedom ;  and 
for  porportioning  crimes  and  punishments,  which  were  part 
of  the  labours  of  Mr.  Jefferson. 

In  1777,  the  distinguished  learning  of  Wythe  in  parlia 
mentary  law  and  proceedings,  caused  him  to  be  chosen 
speaker  of  the  house  of  delegates  ;  towards  the  close  of  the 
same  year,  he  was  appointed  one  of  the  three  judges  of  the 
high  court  of  chancery  of  Virginia  :  and  on  the  subsequent 
change  in  the  organization  of  the  court  of  equity,  was  con 
stituted  sole  chancellor ;  which  high  station  he  filled  with 
the  strictest  integrity  for  more  than  twenty  years.  Whilst 
in  this  office  lie  published  a  collection  of  Chancery  Re 
ports,  which,  by  legal  characters,  are  held  in  high  estima 
tion. 

Previous  to,  and  during  the  revolution,  debts  had  been  con 
tracted  between  British  and  American  merchants,  and  other 
individuals.  The  recovery  of  those  debts  was  made  the  sub 
ject  of  the  sixth  article  of  Jay's  treaty  with  Great  Britain ; 
but  popular  feeling  was  strong  against  legal  decrees  in  fa 
vour  of  British  claimants.  Chancellor  Wythe  was  the  first 
judge  who  decided  that  the  claims  were  recoverable,  and 
such  decision  was  given  in  cases  where  the  state  of  Virginia 
was  a  party.  The  firmness  of  the  judge,  in  resisting  the 
torrent  of  popular  prejudice,  is  not  the  less  to  be  commended 
because  mere  duty  was  performed ;  a  new  and  important 
question  had  arisen — the  complainant  was  an  alien,  a  late 
enemy  ;  the  respondent  was  a  commonwealth  :  the  judge  an 
officer  of  the  respondent's  creating ;  the  current  of  opinion 
set  against  the  legality  of  the  claim,  and  a  nation  awaited  the 
decision  of  the  court  of  equity. 


WYTHE.  183 

On  reviewing  the  judicial  character  of  Wythe,  we  find  it 
deeply  impressed  with  the  most  scrupulous  impartiality — 
rigid  justice  ;  unremitting  assiduity  ;  and  the  most  pure  dis 
interestedness.  It  may  appear  a  strange  encomium  to  bestow 
upon  a  judge,  that  his  interest  did  not  in  the  least  degree 
lead  him  to  swerve  from  his  duty:  yet  when  such  men  have 
lived  as  Verulam, 

"  The  greatest,  wisest,  meanest  of  mankind," 

and  Macclesfield,  whose  corruption  was  systematically 
exercised  ;  since  a  chief  justice  Thorpe  could  traffic  with  a 
suitor's  rights ;  since  an  Earl  of  Middlesex  could  delay  jus 
tice,  in  a  matter  referred  to  his  decision  by  his  king ;  it  is  not 
incorrect  to  place  chancellor  Wythe  in  dignified  opposition  : 
not  to  praise  indeed  that  conduct  which  resulted  from  adhe 
rence  to  duty,  but  to  hold  him  up  to  the  world  as  an  example 
of  republican  integrity.  Bacon  died  despised  and  unpitied ; 
Parker  lost  his  estate,  and  languished  in  imprisonment ; 
Thorpe  was  sentenced  to  death ;  and  the  most  exemplary 
punishment  was  inflicted  by  James  I.  on  the  commissioner 
who  was  tardy  in  executing  his  trust.  George  Wythe,  liv 
ing,  was  the  fountain  of  justice — dead,  his  spotless  integrity 
has  erected  him  a  durable  monument  in  the  memory  of  his 
countrymen. 

Wythe  had  suffered  much  during  the  revolution  in  his 
pecuniary  circumstances.  Not  only  did  he  devote  his  time 
and  property  to  the  public  service,  but  the  greater  part  of 
his  slaves  which  he  inherited  from  his  father,  was  carried 
over  to  the  enemy  by  the  dishonest  manager  of  his  Hampton 
estate.  His  immediate  relatives,  however,  benefitted  during 
his  life  by  his  generosity.  One  half  of  his  estate  in  Eliza- 


184  WYTHE. 

betli  City  he  settled  on  his  nephew,  and  of  the  remaining  part, 
being  sold,  the  payment  of  the  purchase  money  was  protracted 
during  many  years.  Thus  his  resources  were  limited,  and 
although  his  salary  as  chancellor  did  not  exceed  three  hun 
dred  pounds  per  annum,  by  economy  and  judicious  manage 
ment,  he  discharged  his  debts,  preserved  his  independence, 
and  was  enabled,  besides,  to  perform  many  conspicuous  and 
estimable  actions  of  private  charity.  The  professorship  of 
law,  in  the  college  of  William  and  Mary,  for  some  time  gave 
him  an  additional  income  ;  but  the  arduous  duties  of  chancel 
lor  induced  him,  on  his  removal  to  the  city  of  Richmond,  to 
vacate  the  chair. 

In  December,  1786,  he  was  selected  by  the  legislature,  to 
gether  with  Washington,  Henry,  Randolph,  Blair,  Madison 
and  Mason,  as  delegates  to  meet  the  proposed  convention,  to 
revise  the  federal  constitution.  His  country  never  losing 
sight  of  his  distinguished  patriotism  and  abilities,  when 
occasion  required  his  services,  we  again  find  him  a  conspi 
cuous  member  of  the  great  public  body  assembled  at  Rich 
mond,  in  1787,  to  take  into  view  the  adoption  or  rejection  of 
the  lately  framed  constitution  'of  the  United  States.  Subse 
quently,  he  was  twice  a  member  of  the  presidential  electoral 
college  of  Virginia,  and  presided  with  great  distinction  and 
applause  over  its  meetings. 

Amidst  all  his  public  services,  throughout  all  his  private 
life,  the  devotion  of  Wythe  to  his  country,  his  scrupulous  dis 
charge  of  the  duties  of  his  office,  and  his  universal  benevo 
lence  of  disposition,  were  eminently  apparent.  Some  of  the 
greatest  luminaries  at  the  bar,  and  in  the  senate,  that  Vir 
ginia  has  produced,  were  instructed  in  science  and  led  up  to 
the  steep  of  Fame  by  George  Wythe.  In  the  list  of  his 
pupils  we  may  enumerate  two  presidents  of  the  United  States, 


WYTHE,  1S5 

a  chief  justice,  and  others,  who  by  their  abilities  and  virtues 
are  entitled  to  the  most  distinguished  honours  of  theii  coun 
try.  Not  confining  his  efforts  to  those  situations  in  which 
duty  impelled  him  to  exercise  the  great  faculties  of  his  mind 
for  the  public  advantage,  his  active  philanthropy  induced 
him  to  institute  a  private  school,  in  which  his  great  pleasure 
was  to  impart  instruction  to  such  young  persons  as  wished 
for  improvement:  demanding  no  compensation,  his  reward 
was  found  in  virtuously  educating  republican  citizens,  who 
would  transmit  to  posterity  the  pure  principles  of  the  vene 
rable  sage  and  statesman. 

In  emancipating  his  slaves,  Wythe  did  not  cast  them 
on  the  world  friendless  and  needy  ;  he  gave  them  sufficient  to 
free  them  from  want,  and  his  own  example  had  taug'it  them 
industrious  habits.  He  had  also  carried  his  benevolent  dis 
position  to  the  extent  of  imparting  instruction  to  a  negro  boy, 
whom  he  had  taught  the  Latin  and  Greek  languages,  and 
who  was  considerably  advanced  in  science,  but  unfortunately 
died  a  few  days  before  his  benefactor. 

An  unassuming  modesty,  a  simplicity  of  manners,  and  a 
general  equanimity  of  temper,  were  his  distinguishing  per 
sonal  characteristics  throughout  life.  To  the  possession  of 
these  qualities,  may  be  referred  the  cause  of  his  religious 
opinions  being  unknown.  Immersed  in  public  buisiness,  his 
time  devoted  to  his  country,  and  the  energies  of  his  mind 
directed  to  her  best  interests,  Wythe  sought  not  in  private 
conversation  to  disclose  his  own  belief,  or  to  elicit  that  of 
others.  It  was  his  daily  endeavour  to  live  a  Christian,  and 
he  effectually  succeeded.  William  Mumford,  one  of  his 
most  intimate  friends,  who  pronounced  his  funeral  eulogium, 
and  who  feelingly  describes  himself  as  an  "unfortunate 
orphan,"  who  found  in  Wythe  "a  second  father,  instructor 
VOL.  IV A  a 


186  WYTHE. 

and  friend,"  rescues  the  character  of  his  "  dear  and  noble 
benefactor,"  from  the  charge  of  infidelity.  "He  conveyed 
to  me,"  says  he,  "  a  year  or  two  before  his  death,  his  full 
conviction  of  the  truth  of  the  Christian  religion  ;  and  on  his 
death -bed,  often  prayed  to  Jesus  Christ  his  Saviour,  for 
relief." 

His  long  life  of  public  usefulness  was  closed,  in  exhibiting 
an  additional  proof  of  fervent  devotion  to  the  interests  of  the 
community.  Tortured  on  the  bed  of  death,  with  agonies 
produced  by  poison  taken  in  some  portion  of  his  aliment,  he 
was  immersed  in  the  study  of  cases,  yet  pending  in  his  court; 
regretting  as  long  as  his  senses  continued,  the  delay  and  con 
sequent  expense  which  would  be  incurred  by  the  parties, 
should  his  illness  prove  fatal.  He  died  in  the  midst  of  this 
benevolent  anxiety,  on  the  8th  of  June,  1806,  in  the  eighty- 
first  year  of  his  age. 

In  his  death,  Virginia  mourned  one  of  her  most  favoured 
sons :  but  the  cause  of  his  sudden  loss  spread  an  additional 
gloom  over  the  darkness  of  her  grief.  No  doubt  remained 
of  his  death  being  produced  by  violence,  and  suspicion  fell 
upon  one,  who  if  guilty,  would  have  added  the  blackest  in 
gratitude  to  the  most  detestable  of  crimes. 

By  his  last  will  lie  bequeaths  a  great  part  of  his  property 
in  trust,  to  support  his  three  freed  negroes,  a  woman,  a  man 
and  a  boy,  during  their  lives  ;  after  several  legacies,  particu 
larly  one,  "of  his  books  and  philosophical  apparatus,  to  his 
valued  friend  Thomas  Jefferson,  president  of  the  United 
States,"  the  remainder  of  his  estate  is  devised  to  George 
Wythe  Sweney,  the  grandson  of  his  sister. 

During  the  life  time  of  Wythe,  his  freed  man  died,  and  by 
a  codicil  to  the  will,  the  legacy  to  the  freedboy  is  increased, 
with  a  provision,  that  if  he  should  die  before  his  full  age,  the 


VVYTHE.  187 

bequest  to  him  should  enure  to  the  benefit  of  Sweney,  the 
residuary  legatee. 

A  few  days  before  the  death  of  Wythe,  a  second  codicil  is 
dated;  in  this  instrument  the  freedboy  is  mentioned  as 
having  "died  this  morning:" — all  the  devises  to  George 
Wythe  Sweney  are  revoked,  and  the  whole  of  the  chancel 
lor's  estate  is  left  to  the  other  grandchildren  of  his  sister, 
the  brothers  and  sisters  of  Sweney,  to  be  equally  divided 
between  them. 

The  sudden  death  of  the  negro  boy ;  the  revocation  of  the 
former  devises;  the  suspicions  of  the  community,  fatally 
confirmed  by  the  death  of  Wythe  himself,  all  tend  to  the  con 
clusion  that  poison  was  introduced  amongst  the  provisions  of 
the  household.  The  residuary  legatee  of  the  first  will,  sub 
mitted  to  a  public  trial,  on  the  charge  of  poisoning  his  uncle 
arid  freedboy  :  an  acquittal  by  a  jury  has  caused  a  veil  to  be 
dropped  over  the  transaction  revolting  to  humanity  ;  and  the 
solemn  decision  of  a  criminal  court,  has  shown  to  the  world, 
that  although  the  lamented  Wythe  died  by  poison,  yet  legal 
certainty  cannot  be  attached  to  his  murderer. 

He  had  been  twice  married  ;  his  first  wife  was  the  daughter 
of  Mr.  Lewis,  with  whom  he  had  studied  law;  and  his  second 
was  a  lady  of  the  wealthy  and  respectable  family  of  Talia- 
fero,  residing  near  Williamsburg.  He  had  one  child,  which 
died  in  infancy,  arid  no  issue  survived  him. 

Mr.  Jefferson,  to  whom  we  are  indebted  for  some  of  the 
facts  of  the  preceding  narrative,  has  thus  drawn  the  portrait 
of  the  instructor  of  his  youth,  the  friend  of  his  age,  and  his 
compatriot  through  life. 

"  No  man  ever  left  behind  him  a  character  more  venerated 
than  George  Wythe.  His  virtue  was  of  the  purest  kind  ;  his 
integrity  inflexible,  and  his  justice  exact;  of  warm  patriotism, 


188  WYTME. 

and  devoted  as  he  was  to  liberty,  and  the  natural  and  equal 
rights  of  men,  he  might  truly  be  called  the  Cato  of  his  coun 
try,  without  the  avarice  of  the  Roman ;  for  a  more  disin 
terested  person  never  lived.  Temperance  and  regularity  in 
all  his  habits,  gave  him  general  good  health,  and  his  unaf 
fected  modesty  and  suavity  of  manners  endeared  him  to  every 
one.  He  was  of  easy  elocution,  his  language  chaste,  me 
thodical  in  the  arrangement  of  his  matter,  learned  and  logi 
cal  in  the  use  of  it,  and  of  great  urbanity  in  debate.  Not 
quick  of  apprehension,  but  with  a  little  time,  profound  in 
penetration,  and  sound  in  conclusion.  In  his  philosophy  he 
was  firm,  and  neither  troubling,  nor  perhaps  trusting  any 
one  with  his  religious  creed,  he  left  to  the  world  the  conclu 
sion,  that  that  religion  must  be  good  which  could  produce  a 
life  of  such  exemplary  virtue. 

"His  stature  was  of  the  middle  size,  well  formed  and  pro 
portioned,  and  the  features  of  his  face,  manly,  comely,  and 
engaging.  Such  was  George  Wythe,  the  honour  of  his  own, 
and  model  of  future  times." 


- ; 


1  ..'i.-i\vr;.-k   .v  .1  .  tan 


RICHARD  HENRY  LEE. 


To  censure  a  just  pride  of  ancestry  would  be  to  lessen  the 
incentives  of  virtue ;  and  since  he  who  was  the  idol  of  a 
people's  worship  has  declared,  even  when  holding  up  to 
scorn  the  folly  of  aristocracy,  "  that  the  glory  of  our  fore 
fathers  is  a  light  to  their  posterity,"  it  may  he  permitted  to 
observe,  that  Richard  Henry  Lee  traces  his  descent  from 
one  of  the  most  ancient  and  distinguished  families  in  Virginia. 

The  firmness  and  policy  of  his  great  grandfather,  obtained 
nominally  for  Virginia,  what  his  own  energetic  eloquence 
and  active  patriotism  afterwards  contributed  effectually  to 
secure  to  her,  the  title  of  an  independent  dominion.  When 
the  arbitrary  taxation  of  the  first  king  Charles  of  England 
had  lost  to  him  his  kingdom  and  his  life,  as  Virginia  had 
not  suffered  with  the  parent  state,  so  she  shared  not  in  its 
joy  on  this  event,  and  only  by  treaty  as  an  independent 
dominion,  would  she  consent  to  avail  herself  of  the  protector 
ship  of  Cromwell.  Mr.  Lee  and  Sir  William  Berkley  con 
ducted,  on  the  part  of  the  colony,  the  negotiation  which  fol 
lowed  her  resistance  to  the  armed  forces  of  the  republic  of 
England.  Before  the  voice  of  the  people  or  the  strength  of 
a  faction  had  collected  the  scattered  fragments  of  the  throne, 
the  colony,  moved  by  Lee  and  Berkley,  proclaimed  the  second 


190  RICHARD  HENRY  LEE. 

Charles,  king  of  England,  France,  Scotland,  Ireland,  and 
Virginia,  while  yet  he  wandered  an  exile  in  a  foreign  land ; 
and  the  quartering  of  her  arms  on  the  ancient  escutcheon 
of  his  kingdom,  testified  the  gratitude  or  the  vanity  of  the 
dissolute  Stuart. 

The  memory  of  his  father's  services,  or  his  own  capacity 
and  influence,  obtained  for  Richard,  second  son  of  Mr.  Lee, 
an  honourable  and  important  situation,  a  seat  in  the  king's 
council  in  the  colony,  which  he  was  able  to  transmit  to  his 
son  Thomas,  the  father  of  him  whose  life  it  is  proposed  to 
sketch. 

Historians  record  a  few  intimations  of  facts,  long  antece 
dent  to  their  existence,  which  philosophy  has  been  perplexed 
to  explain ;  some  refer  them  to  strange  but  casual  coincidence, 
some  to  remarkable  foresight,  while  others  almost  dare  to 
call  them  prophecies.  To  these  may  be  added,  as  an  instance 
of  peculiar  sagacity  or  prophetic  anticipation,  the  conviction 
in  the  mind  of  Mr.  Thomas  Lee,  then  president  of  the  king's 
council,  that  America  would  yet  take  her  place  among  the 
nations  of  the  earth,  and  that  the  capital  of  the  independent 
sovereignties  would  be  established  near  the  little  falls  of  the 
Potomac.  That  this  was  not  a  conjecture  at  random,  or 
mere  transient  impression,  may  be  inferred  from  the  fact 
that  he  took  up  and  settled  large  tracts  of  land  in  that  neigh 
bourhood,  at  the  distance  of  only  three  miles  from  the  place 
actually  chosen,  half  a  century  afterwards,  for  the  seat  of 
the  general  government.  It  was  far  from  his  hereditary 
estates,  for  these  lay  in  that  county  which  has  had  the  ho 
nour  of  furnishing  three  presidents  to  the  United  States  ;  and 
may  with  pride  and  exultation  number  among  her  sons  a 
Washington,  a  Lee,  a  Jefferson,  and  a  Monroe. 


RICHARD   HENRY  LEE, 

To  RICHARD  HENRY  LEE,  who  was  born  on  the  twentieth 
of  January,  1732,  in  Westmoreland  county,  Virginia,  seems 
to  have  descended  an  hereditary  care  of  his  native  state,  for 
his  maternal  grandfather  and  uncle,  held  with  credit  to  them 
selves  and  advantage  to  their  country,  seats  in  the  king's 
council,  of  which  his  father  was  president,  and  his  great 
grandfather  in  that  line,  was  governor  Ludwell,  of  North 
Carolina. 

Fashion  prompted,  or  necessity  urged,  in  the  infancy  of 
the  colony,  such  as  could  afford  the  expense,  to  send  their 
children  to  England  to  he  educated.  Wakefield,  in  York 
shire,  then  a  flourishing  school,  was  selected  for  Mr.  Lee ; 
where  the  refinements  of  the  town  were  mingled  with  the 
economical  hahits  of  the  country.  The  classic  pursuits  and 
chaste  style  of  Mr.  Lee  in  after  life,  may  give  a  favourable 
opinion  of  his  docility  and  talent,  while  they  contribute  to 
support  the  well  earned  fame  of  his  tutor,  as  a  scholar  and 
a  teacher.  The  histories  of  the  ancient  republics  inspired 
him  with  a  love  of  liberty,  taught  him  the  fate  of  tyrants 
and  elated  him  with  hope,  not,  however,  unmingled  with  ap 
prehension,  for  he  saw  them  at  times  tossed  by  the  storms 
of  faction  and  again  awed  to  the  stillness  of  despotism.  The 
love  of  rational  liberty,  thus  excited,  was  strengthened  by 
the  beautiful  portraits  of  her  in  the  ancient  authors,  while 
defects  in  their  systems  were  discovered  by  the  strength  of 
his  own  reflections,  aided  by  the  liberal  views  of  the  philo 
sophic  Locke.  To  studies  calculated  to  form  the  character 
of  a  firm  patriot,  an  enlightened  statesman  and  an  elegant 
scholar  was  his  attention  devoted,  free  from  the  restrictions 
which  professional  duties  impose. 

Ethics,  in  its  most  extensive  meaning,  and  the  philosophy 
of  history  were  his  favourite  pursuits ;  the  manuscript  sys- 


192  RICHARD  HENRY  LEE. 

terns  of  which,  compiled  from  his  reading,  or  deduced  from 
his  own  thoughts,  are  yet  in  existence  to  prove  the  force  of 
his  intellect,  the  closeness  of  his  application,  and  the  depth 
of  his  research,  by  the  judicious  views  and  lucid  arrangement 
which  these  extensive  notes  of  study  exhibit.  In  the  retire 
ment  of  his  brother's  family,  where  lie  had  access  to  a  well 
chosen  library,  these  were  composed  with  persevering  indus 
try,  between  the  time  of  his  return  from  school  in  his  nine 
teenth  year,  and  that  period  when  the  cries  of  the  frontier 
settlers,  under  the  tomahawk  and  scalping  knife  of  the  In 
dians,  pierced  the  hearts  of  the  Virginians  in  the  low  coun 
tries,  and  the  volunteers  of  Westmoreland  invited  him  to 
lead  them  to  protect  the  living  and  avenge  the  dead ;  this 
was  in  his  twenty-third  year. 

Henceforth  the  sketch  of  Mr.  Lee's  life  ought  to  be  the 
annals  of  his  country ;  his  actions  are  recorded  in  the  ar 
chives  of  the  nation  ;  yet  allusion  must  too  frequently  sup 
ply,  the  full  detail  which  the  nature  of  this  work  excludes, 
and  the  development  of  causes  be  sought  for  in  histories 
more  diffuse. 

France,  in  the  war  which  preceded  the  peace  of  Aix, 
teaching  the  dire  lesson,  which  England  in  our  contest  for 
Independence,  with  rancorous  aptitude  practised,  had  roused 
the  savage  Indian  against  the  frontier  colonists,  and  exter 
minating  warfare  was  carried  on,  long  after  the  ratification 
of  peace  by  the  courts  of  Versailles  and  Saint  James.  The 
terms  of  this  peace  were,  to  return  to  the  situation  which  the 
parties  held  before  the  war ;  hut  this  had  never  been  accu 
rately  defined.  The  merit  of  having  formed  the  Ohio  com 
pany  is  claimed  for  the  father  of  Richard  Henry  Lee ;  it  was 
composed  of  the  most  influential  men  in  the  colony  and  rich 
merchants  in  London,  for  the  two-fold  purpose  of  commerce 


RICHARD  HENRY   LEE.  193 

and  extension  of  territory.  The  French,  desirous  of  con 
necting  their  northern  and  southern  colonies,  claimed  and 
seized  territory  which  they  considered  the  property  of  this 
company.  Already  had  Virginia  attempted  to  expel  from 
her  boundaries  the  invading  foe,  and  to  protect  her  sons  from 
savage  warfare,  under  the  command  of  the  father  of  his  coun 
try,  then  a  major  in  her  service ;  hut  routed  at  the  Little 
Meadows,  the  retreating  army  was  followed  by  the  wives 
and  orphans  of  the  white  settlers,  and  Virginia  was  trem 
bling  to  her  centre,  when  general  Brad  dock,  with  reenforce- 
ments  from  England  arrived,  and  summoned  the  governors 
of  the  colonies  to  meet  him  at  Alexandria,  in  Virginia,  to 
devise  means  for  the  public  safety. 

Thither  Mr.  Lee  led  the  troops  of  his  native  county,  and 
tendered  his  own  services  with  those  of  the  gallant  band  who 
had  volunteered  in  the  cause  of  their  country,  but  the  blind 
courage  of  Braddock  could  not  see  that  their  assistance  was 
necessary,  or  his  insolent  contempt  of  provincials,  induced  the 
belief  that  it  would  be  useless ;  his  death  in  the  first  battle 
was  the  forfeit  of  his  presumption  or  his  ignorance,  while 
Mr.  Lee  returned  to  his  home,  and  to  those  civil  duties  which 
have  given  him  a  place  in  history,  and  his  name  to  the  re 
motest  posterity. 

As  death  approaches,  the  solicitude  of  a  parent  for  his  chil 
dren's  welfare  frequently  absorbs  that  which  a  rational  crea 
ture  might  be  supposed  to  feel  for  himself,  \vhen  touching  the 
confines  of  a  new  and  untried  existence  ;  it  is  often  so  intense, 
that  the  excitement  which  it  gives  to  the  powers  of  the  intel 
lect  has  been  thought  the  result  of  an  approximation  to  the 
omniscient  mind,  in  more  intimate  communion.  To  many 
in  such  moments,  the  integrity,  the  knowledge  and  the  in 
fluence  of  Mr.  Lee,  so  strongly  recommended  him,  that  even 
VOL.  IV.— B  b 


194  RICHARD  HENRY   LEE. 

at  this  early  age,  he  was  selected  by  them  for  the  guardian  of 
the  fatherless  and  protector  of  the  helpless.  For  such  em 
ployments,  and  for  the  cultivation  of  his  mind,  his  indepen 
dent  fortune  afforded  him  sufficient  leisure,  till  in  1757,  the 
voice  of  the  people  attracted  the  attention  of  the  government, 
and  he  was  appointed  justice  of  the  peace  for  the  county  ; 
but  his  election  to  the  house  of  burgesses,  which  happened  in 
the  same  year,  was  derived  from  a  more  legitimate  source  of 
power.  The  petition  of  the  other  magistrates  to  the  governor, 
praying,  that  the  commission  of  Richard  Henry  Lee  might  be 
so  dated,  as  to  permit  his  election  to  the  office  of  president  of 
the  court,  before  the  time  which  his  appointment  legally  al 
lowed,  proves,  if  not  his  fitness  fur  office,  their  conviction 
that  he  had  discharged  his  duty  in  an  efficient  and  satisfac 
tory  manner.  Not  to  mention,  that  the  county  courts  of 
Virginia  were  then  without  limit  to  their  jurisdiction,  both 
in  law  and  equity,  might  induce  some  to  undervalue  this 
appointment,  but  to  develop  their  powers  would  be  to  digress 
from  the  subject  of  this  memoir. 

Want  of  confidence,  induced  by  philosophic  research  and 
solitary  study,  or  dissatisfaction,  from  the  manner  in  which 
business  was  done  in  the  house  of  burgesses,  retarded  Mr. 
Lee's  advancement  as  an  orator  or  leader  of  a  party,  but  not 
his  progress  in  knowledge  or  his  attention  to  the  interests  of 
his  constituents.  With  the  resources  and  revenues  of  the 
colony,  and  the  state  of  the  treasury,  he  became  thoroughly 
acquainted  in  the  first  session  after  his  election,  and  the  re 
sult  of  his  investigation  proved  to  him,  that  in  the  council 
his  services  would  be  more  productive  of  advantage  to  his 
country.  At  present,  he  who  would  obtain  an  office  ought 
to  show  himself  a  good  citizen,  and  able  to  discharge  the 
duties  of  it,  and  condescend  to  no  other  solicitation;  at  that 


RICHARD  HENRY  LEE.  195 

time  patrons  bestowed  it,  and  it  was  requisite  even  for 
Richard  Henry  Lee  to  engage  the  interest  of  his  friends  in 
London  in  his  behalf;  but  the  only  motive  which  he  urges 
for  this  purpose  is,  "his  laudable  ambition  to  do  his  country 
service."  The  motive  was  weak,  or  the  influence  of  his 
friends  ineffectual,  and  he  was  left  in  the  house  of  burgesses 
till  conflict  with  his  colleagues  removed  his  natural  diffidence, 
till  the  strength  of  his  mind  was  excited  by  the  important 
duties  of  his  station,  and  he  acquired  for  himself  the  well 
merited  title  of  the  Cicero  of  America. 

The  first  debate  in  which  he  took  an  active  part,  was  on 
the  limitation  of  slavery  ;  a  subject  which  has  since  threat 
ened  to  shake  the  union  to  its  centre.  The  evil  of  slavery 
was  entailed  on  us  by  our  forefathers ;  it  is  the  only  stream 
of  bitterness,  from  the  fountain  of  kingly  power,  which  has 
not  been  made  sweet,  by  throwing  into  it  the  tree  which  the 
Lord  God  has  shown  to  us,  the  tree  of  liberty.  The  classic 
purity,  conciseness  and  strength  of  argument  which  this 
speech  exhibits,  may  justify,  perhaps,  its  introduction  here, 
as  the  first,  and  one  of  the  few,  which  survive  him  who  is 
said  to  have  spoken  a  nation  into  existence. 

The  question  before  the  house  was,  "  to  lay  so  heavy  a 
duty  on  the  importation  of  slaves  as  effectually  to  stop  that 
disgraceful  traffic ;"  and  Mr.  Lee  thus  addressed  the  speaker 
in  favour  of  the  imposition. 

"  As  the  consequences,  sir,  of  the  determination  which  we 
must  make  in  the  subject  of  this  day's  debate,  will  greatly 
affect  posterity  as  well  as  ourselves,  it  surely  merits  our  most 
serious  attention  If  this  be  bestowed,  it  will  appear  both 
from  reason  and  experience,  that  the  importation  of  slaves 
into  this  colony,  has  been,  and  will  be  attended  with  effects 
dangerous  to  our  political  and  moral  interest.  When  it  is 


196  RICHARD  HENRY  LEE. 

observed  that  some  of  our  neighbouring  colonies,  though 
much  later  than  ourselves  in  point  of  settlement,  are  now  far 
before  us  in  improvement,  to  what  sir,  can  we  attribute  this 
strange  but  unhappy  truth  ?  The  reason  seems  to  be  this, 
that  with  their  whites,  they  import  arts  and  agriculture, 
while  we  with  our  blacks,  exclude  both.  Nature  has  not 
particularly  favoured  them  with  superior  fertility  of  soil, 
nor  do  they  enjoy  more  of  the  sun's  cheering  influence,  yet 
greatly  have  they  outstript  us. 

"  Were  not  this  sufficient,  sir,  let  us  reflect  on  our  danger 
ous  vicinity  to  a  powerful  neighbour;  and  that  slaves,  from 
the  nature  of  their  situation,  can  never  feel  an  interest  in 
our  cause,  because  they  see  us  enjoying  every  privilege  and 
luxury,  and  find  security  established,  not  for  them,  but  for 
others  ;  and  because  they  observe  their  masters  in  possession 
of  liberty  which  is  denied  to  them,  they  and  their  posterity 
being  subject  for  ever  to  the  most  abject  and  mortifying  sla 
very.  Such  people  must  be  natural  enemies,  and  conse 
quently  their  increase  dangerous  to  the  society  in  which  they 
live. 

"This  reasoning  we  find  verified  in  the  Grecian  and 
Roman  histories,  where  some  of  the  greatest  convulsions 
recorded,  were  occasioned  by  the  insurrections  of  their 
slaves;  insomuch,  says  a  Roman  historian,  that  Sicily  was 
more  cruelly  laid  waste  by  the  war  with  the  slaves,  than  by 
that  with  the  Carthaginians.  This  slavish  policy  still  con 
tinuing  in  Rome,  at  length  increased  the  number  of  slaves 
so  much,  that  the  Romans  were  obliged  to  make  for  their 
government  laws  so  severe,  that  the  bare  recital  of  them  is 
shocking  to  human  nature. 

"  Nor,  sir,  are  these  the  only  reasons  to  be  urged  against 
the  importation.  In  my  opinion,  not  the  cruelties  practised 


RICHARD  HENRY  LEE.  197 

in  the  conquest  of  Spanish  America,  not  the  savage  barbari 
ties  of  a  Saracen,  can  be  more  big  with  atrocity  than  our 
cruel  trade  to  Africa.  There  we  encourage  those  poor  igno 
rant  people  to  wage  eternal  war  against  each  other;  not 
nation  against  nation,  but  father  against  son,  children  against 
parents,  and  brothers  against  brothers ;  whereby  parental 
and  filial  affection  is  terribly  violated  ;  that  by  war,  stealth 
or  surprize,  we  Christians  may  be  furnished  with  our  fellow 
creatures,  who  are  no  longer  to  be  considered  as  created  in 
the  image  of  God,  as  well  as  ourselves,  and  equally  entitled 
to  liberty  and  freedom,  by  the  great  law  of  nature,  but  they 
are  to  be  deprived,  for  ever  deprived,  of  all  the  comforts  of 
life,  and  to  be  made  the  most  miserable  of  all  the  human  race. 
I  have  seen  it  observed  by  a  great  writer,  that  Christianity,  by 
introducing  into  Europe  the  truest  principles  of  humanity, 
universal  benevolence,  and  brotherly  love,  had  happily  abo 
lished  civil  slavery.  Let  us,  who  profess  the  same  religion, 
practise  its  precepts,  and  by  agreeing  to  this  duty,  convince  the 
pay  a  proper  regard  to  the  dictates  of  justice  and  humanity." 
world  that  we  know  and  practise  our  true  interests,  and  that  we 

What  effect  this  measure  might  have  had  on  the  prosperity 
of  Virginia,  it  is  impossible  to  conjecture ;  it  is  probable, 
however,  that  the  pleasure  of  having  done  his  duty,  was 
the  only  result  of  the  speech  to  the  orator  who  delivered  it. 

The  love  of  power  is  so  exclusive  in  its  nature,  that  it  per 
verts  the  judgment,  and  would  limit  the  competency  to  share 
in  government  to  those  with  whom  timidity  makes  it  parti 
cipate.  Presenting  in  a  mass  the  evils  which  reason  has 
traced  or  declamation  imputed  to  republican  principles,  it 
brands  as  visionary,  or  condemns  as  false,  the  maxim  "that 
the  people  are  the  legitimate  source  of  power.'*  In  the  house 
of  burgesses  of  Virginia,  there  was  a  party  which  seemed  to 


198  RICHARD  HENRY  LEE. 

be  actuated  by  this  exclusive  principle,  and  willing  to  believe 
that  the  capacity  of  a  people  to  manage  their  own  concerns 
was  contradicted  by  history.  These  were  they,  who  cover 
ing  their  ignorance  with  the  veil  of  pride,  and  their  vices 
with  the  trappings  of  wealth,  affected  to  look  down  with 
contempt  upon,  what  they  were  pleased  to  call,  the  lower 
orders  of  the  community.  They  voted  with  the  administra 
tion  on  every  subject,  and  imitated  in  all  that  was  worth 
less,  hereditary  nobility.  Lavish,  dissolute,  and  haughty, 
their  income  did  not  always  meet  their  expenses,  and  their 
pride  was  not  so  unbending,  as  to  resist  the  pressure  of  their 
other  vices;  hence  they  came  under  pecuniary  obligations 
to  Mr.  Robinson,  the  then  treasurer  of  the  colony,  and 
leader  of  the  aristocratic  party  in  the  house  of  burgesses. 

When  his  private  funds  failed,  facility  of  temper,  weakness 
of  judgment,  or  depravity  of  intention,  prompted  him  to  lend 
to  his  friends,  the  redeemed  treasury  bills,  which  honesty  of 
purpose  in  the  duties  of  his  office,  required  him  to  destroy, 
least  at  any  time,  the  colony  by  them  might  sustain  some  loss. 

The  odium  of  malignant  motive,  too  frequently  rests 
on  a  prosecutor,  who  fails  to  prove  the  delinquency  of  one 
high  in  official  station  and  in  the  estimation  of  the  pub 
lic.  There  was  a  great  risk,  therefore,  in  the  attempt  to 
bring  to  light  the  secret  and  corrupt  practises  of  the  treasu 
rer.  An  inquiry  into  his  conduct  was  likely  to  be  vigorously 
resisted  by  the  faction,  whose  consciences  could  anticipate 
the  result,  and 'it  was  entered  on  with  reluctance  by  all  to 
whom  his  suavity  of  manners,  his  frankness  and  liberality, 
had  much  endeared  him.  "With  a  conviction  of  the  necessity, 
men  shrunk  nevertheless  from  the  responsibility,  of  calling 
for  and  conducting  an  investigation  into  the  state  of  the 
treasury.  But  Richard  Henry  Lee,  regardless  of  all  selfish 


RICHARD  HENRY  LEE.  199 

considerations,  fearlessly  undertook  the  task,  nor  desisted, 
till  he  had  finished  the  work  which  imperious  puhlic  duty 
required  at  his  hands.  With  candour  in  his  countenance, 
and  persuasion  on  his  tongue,  his  eloquence  brought  convic 
tion  to  all,  even  to  those  whose  sophistry  attempted  to 
obscure  the  truth,  while,  by  threatening  looks,  they  impo- 
tently  endeavoured  to  check  its  development.  To  the  colony, 
the  result  of  the  inquiry  was  security  from  heavy  losses  and 
pecuniary  embarrassment,  while  Mr.  Lee  gained  for  himself 
the  gratitude  of  a  people,  a  high  place  amid  the  republican 
party,  and  the  approbation  of  his  own  conscience. 

To  mark  the  course  of  events,  which  rendered  it  necessary 
to  sever  the  bonds  that  had  connected  us  with  England,  would 
be  to  presume  ignorance  in  the  reader  of  what  has  been  told 
in  other  parts  of  this  work.  A  far  more  grateful  task  is 
ours — to  show  the  successful  opposition  of  Mr.  Lee  to  tho 
arbitrary  measures  of  the  British  ministry,  and  his  able  sup 
port  of  all  that  was,  by  the  laws  of  nature  and  of  nature's 
God,  the  right  of  an  American. 

The  termination  of  the  war  with  France  was  glorious  to 
the  arms  of  England,  but  her  treasury  was  exhausted,  her 
resources  anticipated,  and  her  people  restless  under  their 
burdens.  To  remedy  these  evils,  and  at  the  same  time 
maintain  a  large  standing  army,  the  mind  of  Charles  Town- 
shend  conceived  the  design  of  taxing  the  colonies ;  and  in  a 
brilliant  speech  on  the  subject,  he  dazzled  the  eyes  of  the 
British  parliament,  by  playing  before  them  the  image  of  a 
revenue  to  be  raised  in  this  country.  Then  was  the  theory 
laid  down  in  Mr.  Grenville's  act,  that  it  was  just  and  neces 
sary  to  raise  a  revenue  in  America,  and  the  attempt  to  cany 
this  system  into  practice  by  the  stamp  duty  bill,  sounded  an 
alarm  that  awoke  all  the  colonies.  But  to  Mr.  Lee  the  con- 


200  RICHARD   HENRY  LEE. 

sequences  were  evident,  from  the  first  glimmering  of  that 
new  light  system  of  taxation,  which  was  to  he  independent 
of  the  consent  of  those  from  whom  the  taxes  were  to  be 
levied.  Then  every  feeling  of  his  mind  merged  in  the  love 
of  his  country,  and  this  he  exhibited  in  his  domestic  arrange 
ments,  in  his  private  conversation,  in  his  familiar  correspon 
dence,  and  in  his  public  conduct.  Arguments  from  reason, 
justice,  and  the  spirit  of  the  British  constitution,  were  suffi 
cient  to  overturn  the  assumption  in  the  declaratory  act,  and 
these  Mr.  Lee  furnished  to  his  friends  in  London  and  in  the 
colonies,  one  month  after  the  passage  of  that  odious  mea 
sure. 

Would  any  rational  being  risk  his  life,  and  renounce  his 
liberty,  to  obtain  the  unenviable  state  of  an  oppressed  slave  ? 
Yet  such  would  be  the  purchase  and  such  the  price  paid  by 
the  first  settlers  in  America,  if  the  principle  of  Mr.  Gren- 
ville's  act  has  a  foundation  in  reason.  Was  it  just  to  repay 
those  who,  by  many  sacrifices  and  great  dangers,  had  en 
larged  the  territory  and  increased  the  wealth  of  Britain,  by 
rendering  their  property  insecure,  putting  it  all  or  in  part 
into  the  hands  of  men,  over  whom  they  had  no  control  and 
by  depriving  them  of  their  most  valuable  birth-right  ?  The 
right  to  be  governed  by  laws  made  by  their  representatives, 
and  the  consequent  illegality  of  taxation  without  consent, 
are  essential  principles  of  the  British  constitution  ;  is  it  not 
then  matter  of  wonder  that  such  a  declaratory  act  could  be 
made  by  men  professing  to  maintain  such  principles  ?  The 
conclusion  of  Mr.  Lee's  letter,  written  on  the  thirty-first  of 
May,  1764,  contains  a  sentence  which  may  serve  to  show  his 
thorough  acquaintance  with  the  spirit  of  his  fellow  country 
men,  and  to  fix  the  point  to  which  all  his  patriotic  exertions 
were  to  tend.  "  Possibly  this  step  (speaking  of  the  declara- 


RICHARD  HENRY  LEE. 

tory  act)  though  intended  to  oppress  and  keep  us  low,  in 
order  to  secure  our  dependence,  may  be  subversive  of  this 
end.  Poverty  and  oppression,  among  those  whose  minds 
are  filled  with  ideas  of  British  liberty,  may  introduce  a  vir» 
tuous  industry,  with  a  train  of  generous  and  manly  senti 
ments,  which,  when  in  future  they  become  supported  by 
numbers,  may  produce  a  fatal  resentment  of  parental  care, 
converted  into  tyrannical  usurpation.  I  hope  you  will  par* 
don  so  much  on  this  subject;  my  mind  has  been  warmed  and 
I  hardly  know  when  to  stop." 

Even  absolute  princes  seldom  hazard  the  assertion  of  a 
bare  abstract  principle,  offensive  to  their  slaves ;  hence  it 
would  have  been  blindness  not  to  perceive,  that  the  declara 
tory  act  of  the  British  parliament  would  only  present  an 
alternative  of  evils,  humiliation  or  resistance.  But  the 
address  to  the  king,  the  memorial,  and  the  remonstrance  to 
both  houses  of  parliament,  proclaimed  to  the  British  ministry 
the  feelings  of  the  colony  of  Virginia.  The  whole  subject 
was  brought  before  the  house  of  burgesses  by  Richard  Henry 
Lee,  and  he  was  on  the  committee  to  prepare  these  docu 
ments  ;  for  the  two  first,  his  country  is  indebted  to  his  pen, 
as  the  manuscripts  in  possession  of  his  family  prove. 

Early  in  the  session  of  1765,  the  celebrated  Patrick  Henry, 
whom  we  have  noticed  more  fully  in  a  preceding  biography, 
proposed  the  celebrated  resolutions  against  the  stamp  act, 
which  are  there  inserted.  At  the  time,  Mr.  Lee  had  not  reach- 
ed  the  seat  of  government ;  he  came,  however,  soon  enough 
to  support  them  in  the  discussion  ;  and  it  was  by  their  united 
exertions  that  these  resolutions  were  carried,  in  opposition 
to  the  timidity  of  some,  and  the  resistance  of  others,  whom 
corruption  or  perverted  judgment  blinded  to  their  country's 
welfare. 

VOT,.  IV.— C  c 


202  KICHARD   HENRY   LEE. 

The  boldness  and  enterprising  spirit  of  these  great  men 
were  equal,  their  application  to  business  and  indefatigable 
industry  were  not,  as  they  too  often  are,  the  handmaids  of 
ambition,  or  the  result  of  their  lust  of  power  :  with  equal 
lustre,  these  twin  brothers  of  liberty  shone  amid  the  dark 
ness  of  danger,  and  the  horrors  of  war,  cheering  and  guiding 
their  country  through  seas  of  difficulty  and  peril,  to  freedom 
and  to  glory.  Men  knew  not  which  most  to  admire  in  the 
debate,  the  overwhelming  might  of  the  one,  or  the  resistless 
persuasion  of  the  other ;  nor  would  it  be  possible  now  to  fix 
with  precision  the  amount  of  the  debt  of  gratitude,  which  is 
due  to  them,  not  only  from  their  native  state,  but  from  the 
whole  union. 

In  the  arduous  task  which  Mr.  Lee  proposed  to  himself,  of 
breaking  down  that  wall  of  proud  and  perfect  separation, 
which  in  Virginia  had  hitherto  divided  the  patricians  from 
the  people,  and  which  seemed  as  lofty  and  as  strong,  as  that 
which  in  the  Roman  republic  prevented  these  classes  from 
intermarrying,  and  the  latter  from  aspiring  to  situations  for 
which  in  all  things,  save  birth,  they  might  be  qualified,  means 
as  diversified  as  the  species  of  opposition  were  necessary. 
None  more  effectual  offered,  than  to  unite  his  fellow  citizens 
in  one  association,  bound  together  by  their  hatred  of  the 
chain  which  tyrannical  power  had  cast  around  them.  This 
he  performed  ;  and  men  of  all  parties  in  Westmoreland  county 
united  to  oppose  the  stamp  act,  binding  themselves  to  each 
other,  to  God,  and  their  country,  to  resist  that  abject  and 
detestable  slavery,  to  reduce  them  into  which  attempts  fo 
reign  and  domestic  were  daily  made.  To  shew  what  patriot 
ism  will  dare,  when  opposed  to  arbitrary  power,  the  third 
article  of  this,  the  first  formed  association  in  the  colony,  is 
recorded.  "  As  the  stamp  act  does  absolutely  direct  the  pro- 


RICHARD  HENRY  LEE,  203 

perty  of  the  people  to  be  taken  from  them,  without  their  con 
sent  expressed  by  their  representatives,  and  as  in  many  cases 
it  deprives  the  British  American  subject  of  his  right  to  be 
tried  by  jury,  we  do  determine,  at  every  hazard,  and  paying 
no  regard  to  death,  to  exert  every  faculty  to  prevent  the  exe 
cution  of  the  stamp  act,  in  every  instance,  within  the  colony." 

But  their  opposition  was  not  confined  to  words,  for,  soon 
after  the  formation  of  this  society,  Mr.  Lee,  having  heard 
that  one  of  his  fellow  citizens  was  sufficiently  abandoned  in 
principle  to  accept  an  office  under  such  an  act,  so  offensive  to 
the  people,  so  destructive  of  their  rights,  summoned  the  as 
sociation,  and  leading  them  to  the  residence  of  the  collector, 
compelled  him  to  give  up  the  stamped  paper  in  his  possession, 
to  destroy  his  commission,  and  to  swear  that  thenceforth  he 
would  not  be  instrumental  in  the  distribution  of  stamps. 

Such  active  and  persevering  resistance  was  thus  excited 
against  the  arbitrary  measure,  that  it  was  believed  there  was 
then  but  one  person  who  would  dare  to  show  his  attachment 
to  the  British  government  by  the  use  of  stamped  paper.  He 
was  a  man  of  wealth  and  influence.  The  temptation  to  vio 
late  the  rules  of  the  association  of  resistance  was  strong,  as 
the  power  was  ready  to  support  and  reward  those  who  would 
dare  to  transgress,  and  one  instance  of  unpunished  violation 
would  be  of  dangerous  tendency.  To  prevent  that,  which  if 
done,  could  not  have  been  remedied,  Mr.  Lee  (under  the  sig 
nature  of  a  Virginia  planter)  addressed  the  good  people  of 
the  colony,  holding  up  to  the  guilty  the  terrors  of  a  people's 
vengeance,  and  pointing  out  to  the  citizens  in  language,  clear 
and  simple  as  truth,  the  danger  of  permitting  such  an  exam 
ple.  This  address  shows  the  great  power  which  the  orator 
possessed  of  diversifying  his  style,  and  of  adapting  it  to  the 
subject  and  the  occasion. 


204  RICHARD  HENRY   LEE 

The  violence,  (although  some  may  think  it  botli  indiscreet 
and  intemperate,)  used  to  the  opposers  of  the  people's  will, 
can  be  justified  by  the  maxim  of  policy,  but  was  not  the  love 
of  glory  the  motive,  or  power  the  reward  sought  by  the 
active  men  who  were  in  those  days  first  in  the  path  of 
liberty?  While  we  approve  the  measures  of  Mr.  Lee,  ami 
acknowledge  that  he  had  a  mind  to  conceive  and  patience  to 
execute  the  most  arduous  designs,  may  it  not  be  thought 
that  the  rottenness  of  blasted  ambition,  mingling  with,  may 
have  tainted  purer  motives,  since  it  is  known,  that  he  was  an 
unsuccessful  candidate  for  the  situation  of  collector  of  stamp 
duties?  Such  a  charge  was  brought  by  those,  who  sought  to 
weaken  the  efficacy  by  impugning  the  motives  of  his  opposi 
tion  to  tyranny,  and  he  found  it  necessary  to  state  in  the 
Virginia  Gazette,  that  an  offer  had  been  made  to  him  by  a 
friend,  which  he  promised  to  accept,  but  a  few  days  delibe 
ration  convinced  him  of  the  consequences  of  the  measure  to 
his  country,  and,  therefore,  he  forwarded  no  duplicate  of  his 
letter,  but  pursued  such  a  course  before  the  appointment  was 
made,  as  effectually  prevented  his  nomination.  Should  any, 
from  a  pretended  zeal  for  justice,  or  from  a  false  estimate  of 
the  devotion  to  the  cause  of  liberty,  which  supported  and 
animated  those  who  achieved  the  independence  of  our  coun 
try,  think  this  defence  inadequate  and  say,  "who  can  be 
found  guilty,  if  it  be  sufficient  merely  to  deny?"  to  him,  in  the 
words  of  a  Roman  emperor,  we  reply,  who  can  be  innocent 
if  it  be  sufficient  to  affirm?  and  it  will  be  scarce  necessary  to 
add,  that  the  affirmation  rests  on  the  faith  of  the  bitterest 
enemies  of  his  country. 

The  resistance  of  the  colonies  made  it  impossible  to  exe 
cute  the  stamp  act;  the  failure  of  the  revenue  expected  from 
it,  exposed  even  to  the  English,  its  illegality,  so  that  when  the 


ItiCHARD  HENRY   LEE.  205 

personal  feelings  of  the  king  removed  its  supporters  from  his 
councils,  the  new  administration  lessened  the  difficulties  of 
their  station,  without  impairing  their  popularity  by  a  repeal 
of  the  odious  measure.  Mr.  Lee  joined  in  the  general  joy  of 
his  countrymen,  but  was  not  satisfied,  for  the  repeal  was 
accompanied  with  a  clause,  declaring  the  power  of  parlia 
ment  to  bind  the  colonies. 

The  domestic  politics  of  Virginia,  at  this  season,  were  not 
without  difficulty.  The  dangerous  influence  of  the  treasurer 
in  the  house  of  burgesses,  did  not  rise  altogether  from  the 
causes  before  stated,  his  situation  of  speaker  contributed  to 
them;  the  consequences  of  the  union  of  these  two  offices  in 
the  same  person  were  apparent  to  all,  but  to  effect  their 
separation,  the  combined  energies  of  the  patriotic  party  were 
necessary;  directed  by  Mr.  Lee,  and  supported  by  Mr.  Henry. 
The  motion  of  Mr.  Lee  "that  they  be  now  separated  and  fill 
ed  by  different  persons,"  was  advocated  by  Patrick  Henry, 
and  vigorously  opposed  by  the  royal  party,  but  it  finally 
brought  power  to  the  patriots  and  security  to  the  colony. 

The  shock  in  the  political  horizon,  raised  by  the  assertion 
that  the  parliament  was  omnipotent  to  bind,  although  lost  to 
the  many,  in  the  brightness  of  the  prospect  which  the  repeal 
illumined,  escaped  not  the  watchful  eye  of  Mr.  Lee ;  to  him 
it  foreboded  to  his  country  a  coming  storm. 

The  estimation  of  lords  Chatham  and  Camden,  among  the 
English  nation,  had  aided  the  colonies  in  their  late  opposition, 
for  they  were  friends  to  American  liberty  or  opposers  of  the 
power  of  the  ministry,  and  gratitude  prompted  or  policy  made 
it  necessary  to  secure,  for  future  emergencies,  the  support  of 
advocates  so  powerful.  Hence  the  proposal  of  Mr.  Lee  to 
request  the  latter  to  permit  his  portrait  to  be  taken,  "that  it 
might  remain  to  posterity  a  memorial  of  their  veneration," 


206  RICHARD  HENRY  LEE. 

was  joyfully  accepted  by  the  inhabitants  of  Westmoreland  ; 
a  subscription  was  made  to  defray  the  expense,  and  Mr.  Lee 
appointed  to  procure  it  for  them.  But  the  gentlemen  of 
Westmoreland  were  constrained  to  submit  to  the  humiliating 
feeling  of  a  mark  of  their  respect,  spurned  as  vile,  or  neglect 
ed  as  worthless.  At  first  lord  Camden  promised,  and  made 
several  appointments  with  Mr.  West,  to  sit  for  his  portrait, 
afterwards  he  seemed  to  forget  his  promise  and  not  to  walk 
in  the  path  which  fair  fame  and  honest  independence  would 
mark  out  to  him. 

Mr.  Lee  was  early  and  correctly  informed  of  the  pro 
ceedings  of  the  British  parliament,  and  promptly  acted  on 
his  information.  The  disobedience  of  New  York  to  the  law 
for  the  "quartering  of  the  military,"  and  the  consequent  sus 
pension  of  its  legislative  assembly,  hastened  the  crisis,  and 
convinced  all  men  of  intelligence,  that  the  union  of  the  colo 
nies  offered  the  only  chance  of  safety.  To  this  outrage  on 
the  rights  of  freemen,  temperate  remonstrance  was  first 
opposed,  and  the  address  to  the  king  was  moved  in  the  house 
of  burgesses,  and  written  by  Mr.  Lee,  stating  the  grievances 
under  which  the  colonies  laboured  in  consequence  of  the  laws 
for  imposing  duties  on  tea,  for  the  quartering  of  the  soldiery, 
and  praying  redress. 

Massachusetts  and  Virginia,  knowing  the  powerful  influ 
ence  of  corresponding  societies,  contend  each  for  the  honour 
of  having  first  established  them,  "  to  watch  the  conduct  of 
the  British  parliament,  to  spread  more  widely  correct  infor 
mation  on  topics  connected  with  the  interests  of  the  colonies, 
and  to  form  a  closer  union  of  the  men  of  influence  in  each." 
Allusion  has  already  been  made  to  this  circumstance  in  the 
biography  of  Samuel  Adams,  a  delegate  from  the  former 
colony  $  and  it  may  be  repeated  as  an  opinion  in  which 


RICHARD  HENRY   LEE.  20T 

impartial  men  seem  to  agree,  that  the  measure  had    deeply 
occupied  the  thoughts  of  hoth  these  distinguished  politicians, 
and  that  each  introduced  it  to  the  legislature  of  his  own  pro 
vince,  without  concert,  ahout  the  same  period.     There  can 
be  no  doubt  that  several  years  before  this  circumstance,  the 
plan   had  been  formed  and  matured  by  Mr.  Lee;   this  is 
evident  from  a  letter  of  his  to  John  Dickenson  of  Pennsyl 
vania,  and  from  the  verbal  testimony  of  colonel  Gadsden  of 
South  Carolina,  who  stated  that  in  the  year  1768,  he  had 
been  invited  by  Mr.  Lee  to  become  a  member  of  a  corres 
ponding  society,  "  the  object  of  which  was,  to  obtain  a  mutual 
pledge  from  the  members  to  write  for  the  public  journals  or 
papers  of  their  respective  colonies,  and  to  converse  with,  and 
inform  the  people  on  the  subject  of  their  rights  and  wrongs, 
and  upon  all  seasonable  occasions,  to  impress  upon  their  minds 
the  necessity  of  a  struggle  with  Great  Britain  for  the  ultimate 
establishment  of  Independence."  His  letter  to  Mr.  Dickenson 
bears  date  July  twenty-fifth,  1768,  and  contains  the  following 
sentence:  "To  prevent  the  success  of  this  unjust  system,  an 
union  of  counsel  and  action  among  all  the  colonies  is  undoubt 
edly  necessary.   The  politician  of  Italy  delivered  the  result  of 
reason  and  experience,  when  he  proposed  the  way  to  contest  by 
division.    How  to  effect  this  union  in  the  wisest  and  firmest 
manner,  perhaps  time  and  much  reflection  only  can  show.  But 
well  to  understand  each  other,  and  timely  to  be  informed  of 
what  passes  both  here  and  in  Great  Britain,  it  would  seem 
that  not  only  select  committees  should  be  appointed  by  all  the 
colonies,  but  that  a  private  correspondence   should  be  con 
ducted  between  the  lovers  of  liberty  in  every  province." 

The  event  alone  and  the  glorious  termination  of  the  con 
test,  could  not  shield  from  the  charge  of  rashness  or  wild 
ambition,  Mr.  Lee's  scheme  of  severing  from  the  parent 


208  .• '        RICHARD   HENRY  LEE. 

stem  the  flourishing  scion,  before  a  certainty  that  it  had  yet 
spread  its  roots  sufficiently  wide  to  imbibe  its  own  nourish 
ment;  for  it  is  known  that  the  issue  is  often  directed  by 
a  power  beyond  our  control,  be  it  fortune,  or  chance,  or  pro 
vidence,  which  consults  better  for  us  than  we  for  ourselves. 
But  the  letters  of  his  brother,  Dr.  Arthur  Lee,  convinced 
him  of  the  necessity  there  was  for  making  a  choice,  and  his 
countrymen  will  approve  the  conduct  of  him  who  chose  the 
probability  of  achieving  liberty  at  the  risk  of  life,  before  the 
inevitable  certainty  of  abject  and  degrading  slavery. 

A  love  of  science  divided  the  heart  of  Dr.  Lee  with  the 
love  of  his  country.  The  faculty  of  the  University  of  Edin 
burgh  bore  testimony  to  his  acquirements,  by  awarding  him 
the  first  prize  in  botany,  and  his  contest  at  the  bar,  when  he 
made  the  law  his  profession,  against  Dunning  and  Glynn, 
sheds  a  lustre  even  on  these  distinguished  advocates.  The 
friend  and  favoured  correspondent  of  Sir  William  Jones,  can 
not  be  supposed  deficient  in  taste,  or  ignorant  of  literature  ; 
and  the  attachment  of  lords  Shelburne  and  Cardross,  of 
Barre  and  Wilkes,  was  founded  on  esteem  and  respect.  His 
appointment  to  its  agency  in  London,  by  the  colony  of  Massa 
chusetts,  before  the  revolution,  his  mission  to  the  courts  of 
France,  Spain,  and  Prussia,  are  honourable  testimonies  from 
his  country  to  his  patriotism  and  talent.  His  vigilance  was 
only  equalled  by  his  devotion  to  the  cause  of  freedom,  and 
his  intimacy  with  the  leading  men  of  all  parties  in  London, 
where  he  then  resided,  afforded  facilities  for  observation. 
To  his  brother  in  1768,  he  writes  "  that  a  change  of  men 
in  the  British  cabinet  can  produce  no  change  of  measures  on 
the  American  question.  So  circumstanced  here,  the  cause  of 
American  liberty  will  be  desperate  indeed,  if  it  find  not  a  firm 
support  in  the  virtuous  and  determined  resolution  of  the  peo- 


RICHARD  HENRY  LEE.  209 

pie  of  America.  This  is  our  last,  our  surest  hdpe,  this  our 
trust  and  refuge."  Another  letter,  written  about  the  same 
time,  concludes  thus,  "  once  more  let  me  remind  you  that  no 
confidence  is  to  he  reposed  in  the  justice  or  mercy  of  Britain, 
and  that  American  liberty  must  be  entirely  of  American 
fabric." 

On  such  assurances  from  one  so  competent  to  form  a  cor 
rect  opinion,  aided  by  his  own  deductions  from  the  course  of 
events,  the  fixed  resolution  of  Mr.  Lee  to  propose  the  inde 
pendence  of  his  country  might  have  been  characterized  as 
virtuous  and  prudent,  even  although  his  measures  of  policy 
or  operations  of  war  had  been  frustrated,  by  the  accidents  of 
circumstance  to  which  they  must  never  submit. 

Early  in  the  session  of  1769,  Mr.  Lee  called  the  attention 
of  the  house  of  burgesses  of  Virginia  to  the  late  acts  of  the 
British  parliament ;  his  resolutions  in  opposition  to  the  as 
sumed  right  to  bind  the  colonies,  were  characterized  by  some, 
as  the  overflowings  of  a  seditious  and  disloyal  madness,  and 
produced  the  dissolution  of  the  house  ;  but  not  until  he  had 
as  chairman  of  a  committee  on  the  judiciary  and  internal  re 
lations,  brought  in  his  report  recommending  the  improvement 
of  the  navigation  of  the  Potomac  as  high  as  fort  Cumber 
land,  thus  evincing  not  only  devotion  to  the  cause  of  his  coun 
try,  but  a  deep  penetration  into  her  best  interests. 

The  dissolution  of  the  house  of  burgesses  concentrated  the 
opposition  to  the  English  ministry ;  the  members  having 
met  in  a  private  house,  recommended  their  fellow  citizens  to 
refrain  from  the  luxuries,  and  even  necessaries  of  life,  if  any 
of  these  were  not  the  productions  of  their  native  land.  Their 
advice  operated  as  a  law,  non-importation  societies  spread 
over  the  colony,  which  religiously  observed,  and  rigorously 
enforced  the  necessary  restrictions.  How  far  the  exertions 
Vox,.  IV.— D  d 


210  RICHARD  HENRY  LEE. 

of  Mr.  Lcc  may  have  contributed  to  this  most  effectual  means 
of  raising  the  voice  of  the  merchants  of  Britain  against  the 
measures  of  the  ministry,  has  not  been  ascertained.  It  is  cer 
tain,  however,  that  as  an  individual,  he  had  long  practised  that 
which  this  meeting  proposed,  and  being  convinced  of  its  effi 
cacy,  he  wished  to  see  it  generally  adopted.  To  show  that 
in  the  variety  of  her  productions,  his  country  was  indepen 
dent  of  the  world,  and  "  to  testify  his  respect  and  gratitude 
for  those,  who  had  shown  particular  kindness  to  Americans," 
he  sent  presents  of  wine,  the  produce  of  his  own  hills,  to  dis 
tinguished  men  in  England.  The  letters  which  accompanied 
these,  and  the  orders  to  his  London  merchant  not  to  furnish 
to  him  any  article  on  which  a  duty  had  been  laid,  are 
dated  previous  to  the  formation  of  any  non-importation  so 
ciety. 

Mr.  Lee  was  not  deceived  by  the  calm  intervals  of  hope, 
which  some  of  our  countrymen  permitted  themselves  to 
enjoy,  during  the  years  1770,  and  1771.  He  persevered  in  the 
course  which  he  had  marked  out  for  himself,  and  by  widely 
extending  his  correspondence,  spread  that  information  which 
the  vigilance  of  his  brother  furnished. 

Trial  by  jury,  although  in  the  hands  of  the  deputies  of 
kings  it  may  be  often  an  engine  of  oppression,  is  too  unwieldy 
to  he  used  for  this  purpose,  if  other  means  can  be  applied. 
The  English  ministry  knowing  this,  and  the  sentiments  of 
the  people  of  America,  did  not  believe,  that  among  them,  this 
glorious  .bulwark  of  liberty  could  be  turned  against  herself, 
hence  they  sought  to  substitute  for  it  the  forms  of  the  civil 
law,  by  extending  the  jurisdiction  of  the  courts  of  admiralty. 
The  act  for  this  purpose  passed  the  British  parliament  in 
1772,  and  immediately  on  the  meeting  of  the  house  of 
burgesses,  Mr.  Lee,  in  opposition  to  this  unconstitutional 


RICHARD  HENRY   LEE.  211 

measure,  proposed  to  address  an  humble  petition  to  his  ma 
jesty;  which  after  reciting  the  grievances  of  his  faithful 
subjects,  should  pray,  "that  he  would  be  most  graciously 
pleased  to  recommend  the  repeal  of  the  acts  passed  for  the 
purpose  of  raising  a  revenue  in  America,  and  for  subjecting 
American  property  to  the  determination  of  admiralty  courts, 
where  the  constitutional  trial  by  jury  is  not  permitted." 

While  many,  during  the  following  year,  1773,  listened 
with  melancholy  attention,  to  the  rumours  spread  abroad, 
in  consequence  of  the  burning  at  Providence  of  the  Gaspie 
schooner,  and  the  threatening  aspect  which  the  court  of 
enquiry  assumed,  Mr.  Lee  only  sought  accurate  information, 
on  the  subject.  For  this  purpose,  he  commenced  a  corres 
pondence  with  the  intrepid  patriot  Samuel  Adams,  which 
they  afterwards  continued,  having  been  appointed  by  the 
legislatures  of  their  respective  states,  members  of  committees 
on  this  subject.  This  correspondence  exhibits  so  much  dig 
nified  resentment,  and  firm  determination,  united  with  dis 
passionate  observation  and  calm  reasoning,  as  would  obtain 
for  it,  even  from  the  enemies  of  America,  respect  and  con 
sideration. 

Lord  North,  the  king's  minister,  suffered  no  passion  to 
divert,  no  pursuit  of  pleasure  to  withdraw  him  from  his 
deliberate  design  of  destroying  the  liberties  of  this  country. 
Plausible,  deep  and  treacherous,  he  caused  the  duty  acts,  to 
be  so  far  repealed,  as  would  have  imposed  on  the  patriots  of 
America  a  perplexing  alternative,  civil  war  for  a  trifling 
amount  of  taxes,  or  submission  to  a  precedent  of  destructive 
tendency,  had  not  the  opposition  of  the  inhabitants  of  Boston 
to  the  modified  duty  bill,  taken  the  ministry  by  surprise, 
and  caused  them  in  their  wrathful  impatience  to  propose, 


212  RICHARD   HENRY   LEK. 

and  the  parliament  to  enact,  a  new  and  unheard  of  punish 
ment,  very  disproportionate  to  the  offence. 

The  first  intelligence  of  this  violent  measure  of  the  par 
liament  was  received  by  Mr.  Lee,  from  his  brother  Dr. 
Arthur  Lee,  then  in  London,  while  the  house  of  burgesses 
was  in  session ;  the  resolution  of  the  house  to  spend  the  day 
on  which  this  act  was  to  take  effect,  as  a  day  of  fasting, 
humiliation  and  prayer,  caused  the  governor  again  to  dissolve 
it.  In  a  letter  written  immediately  after  this  event,  Mr.  Lee 
states,  that  the  unexpected  dissolution  of  the  house,  prevented 
him  from  offering  certain  rcsolulions  which  he  had  prepared 
for  the  following  day.  The  tenor  of  the  whole  may  be 
inferred  from  the  two  last,  which  are  in  these  words,  "Re 
solved,  that  the  blocking  up,  or  attempting  to  block  up,  the 
harbour  of  Boston,  until  the  people  there  shall  submit  to  the 
payment  of  taxes  imposed  on  them  without  the  consent  of 
their  representatives,  is  a  most  violent  and  dangerous  at 
tempt  to  destroy  the  constituional  liberty  of  all  British 

America.     Resolved,  that be  appointed  deputies 

from  this  house  to  meet  at such  deputies  from  the 

other  colonies  as  they  shall  appoint,  there  to  consider  and 
determine  on  ways  the  most  effectual  to  stop  the  exports  from 
North  America,  and  for  the  adoption  of  such  other  methods, 
as  will  be  most  decisive,  for  securing  the  rights  of  America 
against  the  systematic  plan  formed  for  their  destruction." 

Mr.  Lee,  having  been  prevented  from  offering  these  reso 
lutions,  proposed  that  the  members  of  the  house  should  as 
semble,  and  as  representatives  of  the  people,  recommend  the 
meeting  of  a  general  congress.  They  met,  but  the  majority 
possessing  less  ardour,  or  as  Uiey  thought,  less  rashness  than 
Mr.  Lee,  pursued  a  more  dilatory  course.  An  address  to 
the  people  was  drawn  up  by  Mr.  Lee,  and  approved  by  the 


RICHARD   HENRY   LEE.  213 

meeting,  embracing  the  substance  of  the  first  of  the  above 
resolutions,  but  the  second  was  softened  into  a  recommenda 
tion  to  the  committee  of  correspondence,  to  obtain  the  senti 
ments  of  the  other  colonies,  on  the  expediency  of  a  meeting 
of  deputies,  "to  deliberate  on  those  general  measures  which 
the  united  interests  of  America  may  from  time  to  time  re 
quire."  The  meeting  then  adjourned  till  the  first  day  of 
August. 

An  incursion  of  the  Indians,  on  the  frontiers  of  Virginia, 
furnished  a  cause  or  afforded  a  pretext  to  the  governor,  for 
summoning  a  new  house  of  burgesses.  Policy  might  pros 
trate  what  power  could  not  suppress,  the  voice  of  a  people 
resolved  on  freedom.  He,  therefore,  issued  writs  for  a  new 
house,  returnable  on  the  eleventh  of  August,  thus  offering 
to  the  representatives  an  opportunity  of  meeting  in  the  usual 
manner,  as  a  reward  for  ten  days  delay,  and  as  a  bribe  to 
renounce  the  authority  of  the  people.  If  such  were  his  mo 
tive,  bitter  disappointment  was  the  fruit  of  his  crafty  scheme; 
for  he  saw  the  most  distinguished  men  in  the  colony  meet,  at 
the  call  of  the  people,  on  the  first  of  August,  1774,  to  com 
pose  the  first  assembly  of  Virginia. 

After  having  advocated  in  this  assembly,  his  favourite 
measure,  with  all  the  fervour  of  his  nature  and  the  power 
of  his  eloquence,  Mr.  Lee  had  the  gratification  to  be  deputed 
by  it,  with  Washington  and  Henry,  as  delegates  to  a  conti 
nental  congress.  This  august  body  met  at  Philadelphia,  on 
the  fifth  of  September,  177 -i.  It  is  said  that  silence,  awful 
and  protracted,  preceded  "  the  breaking  of  the  last  seal"  in 
this  assembly,  and  that  astonishment  and  applause  filled  the 
house  when  this  was  done  by  Patrick  Henry.  The  thrill  of 
exultation  and  glow  of  excitement  might  have  subsided  into 
dejection  or  sunk  into  lassitude,  had  not  Mr.  Lee  perceived, 


214  RICHARD  HENRY  LEE. 

"the  quiver  on  every  lip,  the  gleam  on  every  eye."  With 
the  quickness  of  intuition,  he  saw,  that  a  small  impulse 
could  turn  this  mass  of  agitated  feeling  to  evil  or  to  good ; 
he  rose ;  the  sweetness  of  his  language,  and  harmony  of  his 
voice  soothed,  but  did  not  suppress  the  emotions  of  the 
meeting;  while  with  the  most  persuasive  eloquence,  he  taught 
that  there  was  but  one  hope  for  his  country,  and  that  was 
in  the  vigour  of  her  resistance. 

In  Wirt's  Life  of  Patrick  Henry,  it  is  assumed,  that  Richard 
Henry  Lee  was  unfitted  for  the  details  of  business,  and  it 
seems  to  be  inferred,  that,  when  the  topics  of  declamation 
were  exhausted,  he  whose  powers  could  only  be  applied  to 
excite  or  assuage  the  passions  of  a  multitude,  must  have  lost 
much  of  the  influence  which  he  had  at  first  acquired.  His 
failure  in  composition  is  in  the  same  place  asserted  ;  but  this 
assertion,  would  seem  to  be  a  corollary,  from  a  principle 
which  the  author  himself  denies,  that  eloquence  in  speech  and 
in  writing  are  rarely  united,  or  it  may  rest  on  the  report  of 
others,  or  be  the  fancy  of  his  own  powerful  imagination, 
believed  without  thought,  and  rashly  asserted  as  a  fact. 

The  colouring  of  character  in  history  ought  not  to  be 
touched  with  partiality  or  disfigured  by  passion  or  resent 
ment,  but  following  the  scries  of  events  in  the  short  session 
of  the  first  congress,  to  note  those  in  which  Mr.  Lee  took  an 
active  and  important  part,  may  be  necessary  to  correct  the 
inadvertency  of  the  author  of  the  Life  of  Patrick  Henry. 

Mr.  Lee  was  a  member  of  the  leading  committees  of  this 
session;  to  prepare  an  address  to  the  king  of  England,  to 
the  people  of  Britain,  and  to  the  colonies.  The  committee 
for  the  first,  \\cre  Messrs.  Lee,  Adams,  Johnson,  Rutledge 
and  Henry ;  they  reported  a  draught  of  a  petition  on  the 
twenty-first  of  October,  which  was  recommitted  for  the  pur- 


RICHARD  HENRY  LEE.  215 

pose  of  embodying  proposed  amendments,  and  Mr.  Dicken- 
son  was  added  to  the  committee.  The  amended  petition  was 
brought  in  on  the  twenty-fourth,  and  finally  adopted.  Of 
this,  as  well  as  of  the  original  one,  Mr.  Lee  has  been  gene 
rally  considered  as  the  author,  but  justice  requires  that  this 
eloquent  composition  should  be  assigned  to  him  who  truly 
wrote  it.  On  the  presentation  of  the  first  petitoin,  which  had 
been  drawn  up  by  Mr.  Lee,  with  all  the  energy  natural  to  his 
character,  and  with  a  bold  assertion  of  opinions,  which,  though 
coincided  in  by  most  of'  the  delegates,  it  was  deemed  some 
what  imprudent  yet  to  express,  Mr.  Dickenson  was  added,  as 
we  have  mentioned,  to  the  committee,  and  to  his  pen  the  do 
cument  is  to  be  assigned.  Messrs.  Lee,  Livingston,  and 
Jay,  were  the  committee  to  prepare  a  memorial  to  the  people 
of  British  America,  and  an  address  to  the  people  of  Great 
Britain ;  in  the  committee  it  was  agreed  that  Mr.  Lee  should 
prepare  a  draught  of  the  former,  the  first  in  order  and  impor 
tance,  and  that  Mr.  Jay  should  sketch  the  other,  which  was 
accordingly  done.  On  the  twenty-first  of  October,  the  com 
mittee  reported  a  draught  of  the  memorial ;  it  was  debated 
by  paragraphs,  and  with  some  amendments  approved.  It  has 
always  been  believed,  that  the  memorial  was  written  by  Mr. 
Lee,  nor  have  any  reasons  to  doubt  it  come  to  our  knowledge. 
Messrs.  Gushing,  Lee  and  Dickenson  were  appointed  to  pre 
pare  an  address  to  the  people  of  Quebec,  and  it  has  often 
been  said  and  never  contradicted,  that  this  address  was 
written  by  Mr.  Dickenson. 

The  committees  to  state  the  rights  and  grievances  of  the 
several  colonies,  and  to  devise  the  most  effectual  means  of 
carrying  into  effect  the  resolution  of  non-intercourse  with 
Britain,  were  not  less  important  than  the  foregoing  commit 
tees,  and  of  these  Mr.  Lee  was  also  a  member.  He  knew, 


216  RICHARD  HENRY   LEE. 

that  in  the  convulsion  of  states,  courage  and  vigorous  enter- 
prize  give  safety ;  in  such  periods  inactivity  is  certain  de 
struction,  while  bold  temerity  is  often  crowned  with  success; 
he  believed  that  to  linger  in  doubt,  in  such  a  state  of  affairs, 
might  be  ruin  to  their  cause,  and  in  this  belief,  he  proposed 
the  following  resolutions.  "Resolved,  that,  as  we  find  the 
reason,  declared  in  the  preamble  to  the  act  of  parliament  for 
raising  a  revenue  in  America,  to  be  for  supplying  the  civil 
government,  the  administration  of  justice,  and  for  protecting, 
defending  and  securing  the  colonies,  the  congress  recommend 
it  to  those  colonies,  in  which  it  is  not  already  done,  to  pro 
vide  constitutional,  competent,  and  honourable  support  for 
the  purposes  of  government  and  administration  of  justice, 
and  that  as  it  is  quite  unreasonable,  that  the  mother  country 
should  be  at  the  expense  of  maintaining  standing  armies  in 
North  America  for  its  defence,  and  that  administration  may 
be  convinced,  that  this  is  unnecessary  and  improper,  as  North 
America  is  able,  willing,  and  under  providence,  determined 
to  defend,  protect,  and  secure  itself,  the  congress  do  most 
earnestly  recommend  to  the  several  colonies,  that  a  militia 
be  forthwith  appointed  and  well  disciplined,  and  that  it  be 
wrell  provided  with  proper  arms."  This  motion  was  not 
carried  in  the  form  here  given  ;  the  manuscript  from  which 
it  is  taken  is  in  the  handwriting  of  Mr.  Lee,  with  the  follow 
ing  memorandum  superscribed,  "A  motion  made  in  congress 
by  Richard  Henry  Lee  to  apprize  the  public  of  danger,  and 
of  the  necessity  of  putting  the  colonies  in  a  state  of  defence; 
a  majority  had  not  spirit  to  adopt  it." 

Mr.  Lee  hailed  with  joy  the  spirit  which  pervaded  the 
Suffolk  resolutions,  and  cheered  under  their  sufferings  the 
inhabitants  of  Boston ;  with  the  feelings  of  a  man  for  whom 
property,  and  home,  and  life,  have  no  allurements,  when 


RICHARD   HENRY   LEE. 

destitute  of  that  which  gives  a  charm  to  them  all,  the  pos 
session  of  liberty,  he  moved,  "that  the  congress  'are  of 
opinion  that  it  is  inconsistent  with  the  honour  and  safety  of 
a  free  people,  to  live  within  the  control  and  exposed  to  the 
injuries  of  a  military  force,  not  under  the  government  of  the 
civil  power."  The  moderation  of  congress,  however,  ena 
bled  them  to  see  the  evils,  which  had  arisen  to  other  govern 
ments  from  too  much  legislation,  hence  they  rejected  Mr. 
Lee's  resolution,  believing  that  it  was  a  subject  on  which  the 
people  of  Boston  ought  to  have  an  unprejudiced  choice. 

When  the  first  Congress  dissolved  itself  on  the  twenty- 
sixth  of  October,  1774,  the  impression  which  remained  on 
the  public  mind,  concerning  Richard  Henry  Lee  was,  that 
in  him  elegance  of  manners  was  united  with  the  strictest 
honour,  and  unshaken  fidelity ;  that  he  was  proof  against 
temptation ;  firm,  upright  and  void  of  ambition ;  that  with 
great  ardour  of  feeling,  the  boldness  of  his  spirit  was  under 
the  curb  of  reason  and  discretion. 

Not  to  have  returned  Mr.  Lee  to  the  next  assembly  of 
Virginia,  in  1775,  would  have  argued  in  the  people  of 
Westmoreland,  blindness  to  their  own  interest  or  ignorance 
of  his  character:  their  unanimous  suffrage,  however,  was  a 
grateful  tribute  to  his  merit  and  gave  him  a  renewed  oppor 
tunity  of  serving  his  country.  The  proposal  of  Patrick 
Henry,  to  arm  the  militia  of  the  colony,  met  with  opposition 
in  this  assembly,  but  the  coldest  nature  must  have  been 
animated,  the  firmest  prejudice  moved,  even  the  strongest 
reason  shaken,  had  reason  been  in  opposition,  by  the  rapid 
communication  of  the  passion  for  liberty,  through  the  elo 
quence  of  a  Henry  and  a  Lee.  "Give  me  liberty,  or  give 
me  death,"  the  concluding  sentiment  of  the  mover  of  the 
resolution,  rung;  through  the  assembly,  and  the  cords  of 
VOL.  IV — E  • 


218  RICHARD  HENRY  LEE. 

every  heart  were  vibrating  in  unison ;  the  choice,  however, 
was  not  made,  till  his  friend  and  supporter  assured  them  on 
the  faith  of  holy  writ,  "  that  the  race  was  not  to  the  swift, 
nor  the  battle  to  the  strong,  and  if,  (said  Mr.  Lee,)  the  lan 
guage  of  genius  may  be  added  to  inspiration,  I  will  say  with 
our  immortal  bard, 

Thrice  is  he  armed,  who  hath  his  quarrel  just, 
And  he  but  naked,  though  locked  up  in  steel, 
Whose  conscience  with  injustice  is  oppressed." 

They  then  became  impatient  of  speech,  their  souls  were  on 
fire  for  action,  the  motion  was  carried,  and  Washington, 
Henry,  and  Lee,  with  others,  appointed  to  prepare  the  plan 
called  for  by  the  resolution. 

The  second  congress  met  on  the  tenth  of  May,  1775;  to  it 
Mr.  Lee  was  deputed  by  the  convention  of  his  native  state, 
having  first  received  their  thanks  "for  his  cheerful  under 
taking  and  faithful  discharge  of  the  trust  reposed  in  him 
during  the  session  of  the  last  congress. "  About  this  time 
the  fond  hope  of  peace  and  reconciliation,  which  the  timid 
had  hitherto  cherished,  fled  ;  and  preparation  for  a  vigorous 
resistance  was  seriously  desired  by  all.  Washington  had 
been  called  to  the  command  of  the  armies,  by  the  unanimous 
voice  of  congress;  and  his  commission  and  instructions  were 
furnished  by  Mr.  Lee,  as  one  of  a  committee  appointed  for 
that  purpose.  To  prepare  munitions  of  war ;  to  encourage 
the  manufacture  of  saltpetre  and  arms;  to  devise  a  plan  for 
the  more  rapid  communication  of  intelligence,  were  all 
\vorks  of  vast  importance,  and  the  wisdom  of  congress 
availed  itself  of  the  knowledge  and  intellect  of  Mr.  Lee,  by 


RICHARD  HENRY  LEE.  219 

appointing  him  on  each  of  the  committees  to  carry  these 
measures  into  effect. 

Few  memorials  of  the  genius  and  taste  of  Mr.  Lee,  as  an 
orator  and  a  writer,  have  descended  to  posterity,  hut  even 
these  are  sufficient,  to  excite  regret  for  the  loss  of  others, 
and  to  refute  the  calumnies,  or  correct  the  errors  of  some, 
who  assert  his  failure  in  composition.  The  second  address 
to  the  people  of  Britain,  in  the  name  of  this  congress,  is  the 
production  of  his  pen,  and  an  emblem  of  his  mind ;  its  senti 
ments  are  suhlime;  its  style  chaste  and  elegant;  its  re 
proaches  dignified,  and  its  expostulations  fervid.  For 
eloquence  and  depth  of  feeling,  it  is  not  surpassed  hy  any  of 
the  state  papers  of  that  period,  and  well  merits  the  eulogy 
pronounced  on  the  writings  of  congress  by  the  first  lord 
Chatham.  Speaking  in  the  house  of  lords,  that  nobleman  thus 
expressed  himself:  "  when  you  consider  their  decency,  firm 
ness  and  wisdom,  you  cannot  but  respect  their  cause  and 
wish  to  make  it  your  own.  For  myself,  I  must  declare  arid 
avow,  that  in  all  my  reading,  and  it  has  been  my  favourite 
pursuit,  that  for  solidity  of  reasoning,  force  of  sagacity,  and 
wisdom  of  conclusion,  under  all  the  circumstances,  no  nation 
or  body  of  men,  can  stand  in  preference  to  the  general  con 
gress  at  Philadelphia." 

A  short  recess  in  the  month  of  August,  enabled  Mr.  Lee 
to  retire  to  his  native  state,  but  not  to  leisure  and  repose  ;  for 
he  was  present  in  the  assembly,  summoned  by  the  royal 
governor  to  consider,  what  were  called,  the  conciliatory 
propositions  of  lord  North.  These,  however,  when  their 
sophistry  was  exposed,  were  found  to  be  as  unreasonable  as 
insidious.  The  opinion  of  congress  was  the  voice  of  the 
colonies,  that  "  they  seemed  to  be  held  tip  to  the  world  to 


220  RICHARD   HENRY    LEE. 

deceive  it  into  a  belief,  that  there  was  nothing  in  dispute 
but  the  mode  of  levying  taxes." 

On  the  thirteenth  of  September  the  congress  again  me  t  for 
business.  To  state  the  important  part,  which  the  subject  of 
this  memoir  took  in  the  events  of  this  session,  would  be  to 
record  all  its  acts.  To  devise  ways  and  means  of  furn  ishing 
the  colonies  with  a  naval  armament,  to  consult  with  the 
commander  in  chief,  on  a  plan  of  military  operations,  to  raise 
ten  millions  of  dollars  for  the  service  of  the  country,  to 
examine  into  the  execution  of  continental  contracts,  and  to 
consider  the  propriety  of  establishing  a  department  of  war. 
are  a  few  of  the  important  duties  assigned  to  him  by  the  voice 
of  this  assembly. 

Already  had  the  clash  of  arms  resounded,  and  the  union 
of  the  colonies  been  cemented  by  blood  poured  out  in  their 
common  defence:  the  hosts  of  Britain  had  assembled  on  our 
shores,  and  with  the  timidity  of  conscious  guilt  were  invoking 
help  from  the  Indian  and  the  slave  $  and  the  towering  navy 
of  England,  rode  lordly  along  our  coasts,  discharging  on  our 
unprotected  fields  the  Hessian  swarms.  The  justice  of  their 
cause,  and  the  moderation  of  their  counsels,  amid  such  diffi 
culties,  attracted  to  congress  the  sympathy  and  regard  of 
foreign  nations,  while  yet  tlicy  knew  not  the  object  of  the 
contest.  But  the  period  had  now  arrived,  when  this  was  to 
be  published  to  the  world,  and  the  convention  of  Virginia 
had  instructed  her  delegates  to  urge  the  congress  solemnly 
to  declare  it. 

Mr.  Lee  was  chosen  to  move  the  resolution  in  congress  ; 
he  knew  that  the  implacable  hatred  of  tyrants  would  pursue 
him  for  revenge,  and  that  the  uncertain  issue  of  war,  might 
place  him  in  their  power  ;  but  foreign  states  could  form  no 
alliance  with  rebels*  and  England  was  not  resting  on  her 


RICHARD  HENRY  LEE.  221 

own  mighty  resources  :  necessity  urged,  and  Mr.  Lee  had 
ever  listened  to  the  voice  of  his  country ;  lie  depended,  for 
his  safety,  on  the  extent  of  her  territories,  her  capabilities  of 
defence,  and  the  alliances  which  the  declaration  of  indepen 
dence  would  procure,  or  he  despised  the  consequences,  and 
was  deaf  to  the  suggestions  of  fear.  On  the  seventh  of  June, 
1776,  Mr.  Lee  moved  "  that  these  united  colonies  are,  and 
of  right,  ought  to  be,  free  and  independent  states  ;  that  they 
are  absolved  from  all  allegiance  to  the  British  crown  ; 
and,  that  all  political  connexion  between  them,  and  the 
state  of  Great  Britain,  is,  and  ought  to  be,  totally  dis 
solved." 

This  motion,  which  was  followed  by  a  protracted  debate 
of  several  days,  was  introduced  by  one  of  the  most  luminous 
and  eloquent  speeches,  ever  delivered  by  its  illustrious 
mover.  "  Why,  then,  sir,  (says  Mr.  Lee,  in  conclusion,) 
why  do  we  longer  delay  ?  Why  still  deliberate  ?  Let  this 
happy  day  give  birth  to  an  American  republic.  Let  her 
arise,  not  to  devastate  and  to  conquer,  but  to  re-establish  the 
reign  of  peace  and  of  law.  The  eyes  of  Europe  are  fixed 
upon  us  ;  she  demands  of  us  a  living  example  of  freedom, 
that  may  exhibit  a  contrast,  in  the  felicity  of  the  citizen,  to 
the  ever  increasing  tyranny  which  desolates  her  polluted 
shores.  She  invites  us  to  prepare  an  asvlum,  where  the  un 
happy  may  find  solace,  and  the  persecuted  repose.  She 
entreats  us  to  cultivate  a  propitious  soil,  where  that  gene 
rous  plant  which  first  sprung  and  grew  in  P^ngland,  but  is 
now  withered  by  the  poisonous  blasts  of  Scottish  tyranny, 
may  revive  and  flourish,  sheltering  under  its  salubrious  and 
interminable  shade,  all  the  unfortunate  of  the  human  race. 
If  we  are  not  this  day  wanting  in  our  duty,  the  names  of  the 
American  legislators  of  1776,  will  be  placed  by  posterity,  at 


222  RICHARD  HENRY  LEE. 

the  side  of  Theseus,  Lycurgus  and  Romulus,  of  the  three 
Williams  of  Nassau,  and  of  all  those  whose  memory  has 
been,  and  ever  will  be,  dear  to  virtuous  men  and  good  citi 
zens." 

On  the  tenth  of  June,  it  was  resolved,  "  that  the  considera 
tion  of  the  resolution  respecting  independence  be  postponed  till 
the  first  Monday  in  July  next,  and  in  the  mean  while,  that  no 
time  be  lost,  in  case  the  congress  agree  thereto,  that  a  com 
mittee  be  appointed  to  prepare  a  declaration  to  the  effect  of 
the  said  resolution." 

On  the  same  day,  an  express  from  Virginia  informed  Mr. 
Lee  of  the  dangerous  illness  of  some  members  of  his  family, 
which  made  his  presence  there  absolutely  necessary  :  leave, 
was  obtained  by  him  to  withdraw  from  his  duties  in  congress, 
and  it  was  left  to  others  to  perfect  his  measures,  by  issuing 
that  declaration  for  which  he  had  so  ably  prepared  the  pub 
lic,  by  his  writings,  by  his  speeches,  both  in  and  out  of  con 
gress,  and  by  all  the  energies  of  his  powerful  mind.  Accord 
ing  to  the  rules  of  parliamentary  procedure,  the  original 
mover  of  an  approved  resolution  is  usually  chairman  of  the 
committee,  and  appointed  to  draught  any  consequent  report ; 
in  the  absence  of  the  mover,  Mr.  Jefferson  was  elected  to 
that  honour,  and  the  document  from  his  pen,  is  not  more 
worthy  of  admiration,  for  the  effects  which  it  has  produced, 
than  for  the  purity,  dignity,  and  eloquence  of  the  composi 
tion.  The  original  draught  was  transmitted  on  the  eighth  of 
July,  to  Mr.  Lee,  with  the  amended  copy,  as  approved  by 
congress. 

In  consequence  of  his  great  exertions  to  procure  a  declara 
tion  of  independence,  and  his  able  support  of  the  freedom  of 
his  country,  Mr.  Lee  was  exposed  to  the  more  immediate 
and  implacable  hatred  of  the  king  of  England  and  hig  minis- 


RICHARD  HENRY  LEE.  223 

ters.  It  is  asserted,  that  had  the  arms  of  England  prevailed, 
the  surrender  of  Washington  and  Lee  would  have  been  de 
manded  as  a  preliminary  to  any  treaty.  The  rudeness  of 
individuals  cannot  he  charged  upon  their  nation,  yet,  that 
men,  in  the  garb  and  rank  of  gentlemen,  could  not  refrain 
from  expressing,  to  the  sons  of  Mr.  Lee,  then  at  school  in 
St.  Bees,  "  the  hope  that  their  father's  head  might  soon  be 
seen  on  Tower  hill,"  may  serve  to  show  the  light  in  which 
he  was  viewed  by  the  royalists  of  that  day.  The  desire  of 
the  enemy  to  cut  off  by  any  means  so  able  a  supporter 
of  the  rights  of  America,  was  only  equalled  by  the  solici 
tude  of  his  fellow  citizens  to  secure  his  safety  and  happi 
ness. 

During  his  absence  from  congress,  a  British  captain  of 
marines,  with  a  strong  party  of  men  from  vessels  of  war 
then  in  the  Potomac,  broke  into  his  house  at  midnight,  and 
by  threats  and  bribes  endeavoured  to  prevail  on  his  domes 
tics  to  betray  their  master,  for,  it  was  understood  that  Mr. 
Lee  was  in  the  vicinity.  Honourably  deceitful,  the  servants 
assured  the  party,  that  he  had  already  set  out  for  Philadel 
phia,  although  he  was  then  only  a  few  miles  from  his  farm. 
The  solicitude  of  his  friends  for  his  safety  was  evinced  by 
their  constraining  him  to  forego  the  melancholy  pleasure  of 
a  visit  to  general  Charles  Lee,  then  a  prisoner  in  New  York. 
Mr.  Lee's  reply  to  the  invitation  of  the  general,  is  marked 
with  the  brevity  of  deep  feeling  and  with  the  language  of 
manly  grief,  which  swells  the  bosorn,  when  it  cannot  serve  a 
friend  in  the  time  of  necessity.  It  is  as  follows  : 

"  My  dear  friend,  my  feelings  are  not  to  be  described.  I 
would  go  to  every  extremity  to  serve  my  friend  and  the  able 
friend  of  liberty  and  mankind.  But  here  my  power  fails.  I 


224  RICHARD  HENRY   LEE. 

have  not  the  smallest  idea  of  personal  danger,  nor  does  this 
affect  the  present  question. 

"  Farewell,  my  dear  friend,  may  you  be  as  happy  as  you 
deserve,  then  the  cause  of  humanity  will  have  nothing  to  fear 
for  you." 

The  absence  of  Mr.  Lee  from  congress  continued  till  the 
beginning  of  August,  1776  ;  but  immediately  on  his  return, 
he  was  appointed  on  the  most  important  committees.  He 
took  a  distinguished  part  in  preparing  a  plan  of  treaties  with 
foreign  nations,  and  in  reconciling  the  people  to  the  almost 
dictatorial  powers  of  Washington  ;  he  furnished  instructions 
for  our  ministers  to  foreign  states,  and  many  of  the  letters 
addressed  by  congress  to  these  ministers,  are  the  productions 
of  his  pen. 

From  ids  return  to  congress  till  June,  1777,  he  continued 
to  sustain  the  great  weight  of  business  which  his  talents  and 
persevering  industry  drew  upon  him,  and  walked  through 
the  same  luminous  path  of  glory  as  in  the  former  congress. 
But  in  such  dazzling  brightness  of  fame,  not  to  have  cast  some 
shade,  would  have  argued  him  more  than  man,  The  malice 
of  the  envious  and  the  monarchists,  or  the  meritorious  vigi 
lance  of  pure  republicans,  charged  Richard  Henry  Lee  with 
toryism,  and  dissaffection  to  his  country;  his  receiving  rents 
in  kind  and  not  in  colonial  money,  was  the  fact,  on  which 
they  rested  so  odious  an  imputation.  From  whatever  motive 
the  accusation  proceeded,  it  gained  strength  in  its  progress, 
and  suspicion,  which  in  such  periods  almost  ceases  to  be  a 
vice,  caused  it  to  be  generally  believed. 

Regard  for  his  reputation,  as  well  as  for  his  health,  which 
continued  anxiety  for  the  welfare  of  his  country  had  impair 
ed,  induced  Mr.  Lee  to  solicit  leave  of  absence  and  to  return 


RICHARD  HENRY  LEE.  225 

to  Virginia.  He  there  demanded  an  enquiry  by  the  assembly 
into  the  nature  of  the  allegations  against  him.  The  senate 
attended,  and  their  presence  gave  additional  solemnity  to  the 
scene.  The  result  was,  that  in  pursuance  of  a  resolution  of 
the  house,  the  venerable  George  Wythe.  while  the  tear  of 
deep  feeling  stood  in  his  eye,  addressed  Mr.  Lee  in  theso 
words. 

"  It  is  with  peculiar  pleasure,  sir,  that  I  obey  this  com 
mand  of  the  house,  because  it  gives  me  an  opportunity  while 
I  am  performing  an  act  of  duty  to  them,  to  perform  an  act  of 
justice  to  yourself.  Serving  with  you  in  congress,  and 
attentively  observing  your  conduct  there,  I  thought  that  you 
manifested  in  the  American  cause  a  zeal  truly  patriotic;  and 
as  far  as  I  could  judge,  exerted  the  abilities  for  which  you 
are  confessedly  distinguished,  to  promote  the  good  and  pros 
perity  of  your  own  country  in  particular,  and  of  the  United 
States  in  general.  That  the  tribute  of  praise  deserved,  may 
reward  those  who  do  well,  and  encourage  others  to  follow 
your  example,  the  house  have  come  to  this  resolution:  that 
the  thanks  of  this  house  be  given  by  the  speaker  to  Richard 
Henry  Lee,  for  the  faithful  services  he  has  rendered  his 
country,  in  discharge  of  his  duty  as  one  of  the  delegates  from 
this  state  in  general  congress." 

The  candour  and  justice  of  the  house  in  this  investigation 
was  not  undeserved,  for  the  motives  of  Mr.  Lee  were  pure 
although  the  assertions  had  some  foundation  in  truth.  When, 
the  non-intercourse  regulations  were  generally  adopted,  and 
the  want  of  markets  lessened  the  demand  for  produce,  Mr. 
Lee,  probably  at  the  request  of  his  tenants,  received  his  rents 
in  kind ;  but  during  the  war  the  quantity  of  produce  was 
diminished  and  the  demand  increased,  while  the  issues  of 
paper  money  by  the  states  and  congress,  impaired  its  real 
VOL.  IV.— F  f 


226  1IICHARD  HENRY  LEE. 

value;  so  that  the  contract  became  then  more  beneficial  to 
Mr.  Lee  than  rents  in  money  would  have  been.  Inattention 
in  one  or  both  of  the  contracting  parties,  or  the  arduous 
duties  of  Mr.  Lee  in  congress,  prevented  any  new  agreement, 
till  the  assembly,  by  omitting  his  name  in  the  list  of  dele 
gates,  furnished  a  motive  and  leisure  to  him,  to  cause  inquiry 
into  the  affair  and  to  justify  his  conduct. 

Mr.  Lee,  on  the  resignation  of  Mr.  Mason,  was  appointed 
to  fill  the  vacancy  in  congress,  and  continued  with  his  usual 
devotion  to  his  country,  to  discharge  all  the  duties  of  his 
station.  His  health,  however,  daily  declined,  and  finally 
forced  him,  during  the  sessions  of  1778  and  1779,  to  with 
draw  at  intervals  from  the  overwhelming  business  which  he 
could  not  longer  sustain.  It  has  been  remarked  by  Dr.  Ship- 
pen,  in  whose  house  he  lodged,  that  "  Mr.  Lee's  labours 
were  not  confined  to  those  subjects  referred  to  his  considera 
tion,  and  that  there  was  a  constant  progression  of  members 
repairing  to  his  chambers  to  consult  about  their  reports." 

No  subject  of  more  importance  to  the  United  States  had 
yet  come  before  congress,  than  the  instructions  necessary  to 
be  given  to  ministers,  who  were  to  negotiate  treaties  with 
foreign  powers.  The  firmness  and  enlightened  views  of 
Mr.  Lee  were  peculiarly  conspicuous  in  the  debates  on  that 
subject.  No  sectional  jealousy  nor  individual  state  interest 
could  affect  his  mind:  the  prosperity  of  the  east,  the  grandeur 
of  the  west,  received  alike  his  solicitude  and  care.  The 
right  to  the  fisheries,  and  navigation  of  the  Mississippi,  were 
by  him  thought  necessary  to  secure  these  objects,  and  the 
journals  of  1779,  which  record  the  votes  on  this  discussion, 
frequently  present  him  alone,  of  the^Virginia  delegation,  sup 
porting  these  rights,  as  the  ultimatum  of  the  United  States, 
in  any  negotiation.  It  may  not,  however,  have  been  from 


RICHARD  HENRY  LEE.  227 

lightly  esteeming  an  interest  in  which  they  could  not  parti 
cipate,  that  the  representatives  of  the  southern  states  were 
ready  to  abandon  the  right  to  the  fisheries,  and  that  they 
refused  to  demand  an  entire  and  free  navigation  of  the 
Mississippi.  The  opinions  of  "Washington  may  have  been 
the  sentiments  of  the  majority.  He  thus  writes  to  Mr.  Lee 
on  the  subject:  "  I  have  ever  been  of  the  opinion  that  the 
true  policy  of  the  Atlantic  states  would  be,  instead  of  con 
tending  prematurely  for  the  free  navigation  of  that  river  (the 
Mississippi,)  to  open  arid  improve  the  natural  communica 
tions  with  the  western  country,  through  which  the  produce 
of  it  might  be  transported  with  convenience  and  ease  to  our 
markets.  And  sure  I  am,  there  is  no  other  tie  by  which 
they,  (the  inhabitants  of  the  west,)  will  form  a  link  in  the 
chain  of  federal  union." 

Mr.  Lee  indeed  at  this  period  either  from  his  feelings  or 
judgment,  or  perhaps  from  both,  seems  to  have  identified  him 
self,  in  a  considerable  degree,  with  the  interest  of  the  eastern 
states,  so  far  even  as  to  think  of  that  portion  of  the  country  as 
his  future  residence.  It  is  difficult  entirely  to  account  for  these 
feelings,  certainly  not  those  which  usually  actuate  the  citizens 
of  Virginia.  With  the  proceedings  of  his  native  state  he  had 
been  undoubtedly  dissatisfied  ;  and  he  may  fairly  be  justified 
from  the  state  of  society  which  prevailed  there,  before  the  im 
portant  and  beneficial  changes  which  followed  republican  insti 
tutions  were  fully  introduced.  There  seem,  however,  to  have 
been  at  the  period  in  question,  some  remains  of  the  pomp  and 
luxury,  of  the  pride  of  family  and  haughtiness  of  manner  which 
characterized  the  Virginians  before  the  revolution.  That  they, 
whose  vigour  of  manhood  was  devoted  to  their  country,  and 
whose  mental  and  physical  energies  were  called  forth  only 
ibr  her  welfare ;  whose  health  was  impaired  and  whose  for- 


228  RICHARD  HENRY  LEE. 

tunes  were  almost  exhausted  in  so  glorious  a  cause,  should 
seek  hy  retirement  to  avoid  the  painful  contrast  which  the 
proud  humility  of  such  men  would  form  with  their  virtuous 
and  dignified  pride,  is  consistent  with  the  hest  feelings  of  our 
nature,  and  may  account  for  the  conduct  of  hoth  Mr.  Lee 
and  Mr.  Henry. 

We  are  enahled  to  present  the  reader  with  several  letters 
written  by  Mr.  Lee  about  this  time,  and  when  absent  from 
congress,  in  which  the  feelings  to  which  we  have  alluded, 
are  strongly  marked,  and  which  at  the  same  time  will 
throw  light  on  the  events  of  the  times,  and  give  pleasing 
examples  of  his  epistolary  style. 

1778,  November  29 — writing  to  Mr.  Whipple,  he  says, 
"  Nothing  can  be  more  pleasing  to  me  in  my  retirement 
than  to  hear  from  my  friends,  and  the  pleasure  will  be 
increased  when  they  inform  me  that  the  vessel  of  state  is  well 
steered,  and  likely  to  be  conveyed  safely  and  happily  into 
port.  My  clear  opinion  is,  that  this  good  work  must  be 
chiefly  done  by  the  eastern  pilots.  They  first  taught  us  to 
dread  the  rock  of  despotism,  and  I  rest  with  confidence  on 
their  skill  in  the  future  operations.  I  venerate  Liberty  Hall, 
and  if  I  should  envy  its  present  inhabitants  any  thing,  it 
would  be  the  sensible  sociable  evenings  they  pass  there.  1 
have  not  yet  been  able  to  quit  the  entertainment  of  my  prat 
tling  fire-side;  when  I  have  heard  every  little  story,  and 
settled  all  points,  I  shall  pay  a  visit  to  Williamsburg,  where 
our  assembly  is  now  sitting. 

"Before  this  reaches  you,  I  hope  your  labours  in  the  Hall 
will  have  put  the  finishing  hand  to  our  important  business 
of  finance.  If  our  money  matters  were  once  in  a  good  way, 
we  should  have  the  consent  of  our  wise  and  cautious  friend 
Mr.  Sherman,  to  the  pushing  forward  with  zeal  the  navy  of 


RICHARD  HENRY  LEE, 

ihe  United  States ;  an  object  in  my  opinion  of  great  magni 
tude;  I  may  be  mistaken,  but  I  have  thought  our  sensible 
friend  rather  too  cautious  upon  this  head.  A  well  managed 
force  at  sea,  will  not  only  make  us  very  respectable,  but 
presently  repay  its  cost  with  interest.  We  shall  surely  err, 
by  reasoning  from  what  has  happened  to  what  will  happen, 
because  we  have  heretofore  singly  opposed  our  feeble  force  on 
the  sea,  to  the  overgrown  power  of  Great  Britain  ;  but  now, 
our  marine  force,  under  the  supporting  wing  of  our  great  and 
good  ally,  will  thrive  I  hope,  and  grow  strong  upon  the  spoils 
of  our  common  foe.  I  wish  the  marine  committee  may  stoutly 
contend  against  all  opposition,  and  vigorously  increase 
the  navy.  In  favour  of  this  system,  we  may  say  that  the 
wealth  and  glory  of  many  states  have  been  obtained  by  their 
fleets,  but  none  have  immediately  lost  their  liberty  thereby. 
Let  the  man  be  produced  who  can  truly  say  as  much  of 
standing  armies.  I  left  my  worthy  colleagues  of  the  marine 
committee,  well  disposed  to  relieve  us  this  winter  from  the 
depredations  of  Gutridge's  fleet  of  pirates,  who  infest  the 
coast  extremely,  from  New  York  to  Cape  Fear.  They  not 
only  injure  our  commerce  greatly  in  these  middle  states,  but 
they  prevent  in  great  measure  the  water  communication  be 
tween  us  and  our  eastern  friends.  This  fleet  did  consist  of 
one  brig  of  sixteen  guns,  a  schooner  of  the  same  force,  a 
sloop  of  twelve  guns,  and  the  rest  of  little  strength.  Whilst 
your  northern  seas  are  too  tempestuous  for  cruising,  this 
southern  coast,  supplied  with  such  convenient  harbours,  may 
be  visited  by  the  continental  frigates,  making  Chesapeake  Bay 
their  place  of  rendezvous,  to  the  extirpation  of  these  sea  ban 
ditti  that  disturb  us  so  much  at  present.  A  stroke  of  this 
sort  would  do  credit  to  our  committee,  and  serve  the  com- 


230  RICHARD  HENKY  LEE. 

mon  cause.  If  the  frigates  came  three  or  four  together,  the) 
would  he  ready  for  any  small  British  force  that  might  ac 
company  the  Gutridges.  The  fortifications  of  Portsmouth, 
Hampton,  and  York,  will  afford  them  a  sure  asylum  against 
any  superior  force. 

"  Rememher  me  with  affection  to  the  society  at  Liberty  Hall, 
to  my  friends  of  Connecticut,  Rhode  Island,  Jersey,  Penn 
sylvania,  and  Delaware — I  fancy  this  is  as  far  as  I  can  safelv 
go,  unless  I  were  to  admit  the  good  old  president." 

1778,  June  26— To  the  same  he  says,   "  I  wish  this  may 
find  you  as  happy  at  Philadelphia  as  we  are  at  Chantilly, 
nothing  hut  the  want  of  rain  disturbs  us.     We  have  neither 
wicked,  nor  perverse,  nor  foolish  politicians  here,  whose  mis 
conduct  makes  us  fear  for  the  safety  of  our  country.     I  have 
frequently  admired  the  philosophic  ease  with  which  you  have 
contemptuously  viewed  proceedings  in  congress,  that  I  own, 
shocked  me  exceedingly.     I  suppose  you  have  fixed  your 
opinion  with  Mr.  Pope,  that  "  whatever  is,  is  right."    I  be 
lieve  indeed  that  the  wisdom  and  goodness  of  the  Creator, 
does  most  frequently  deduce  good  from  evil,  yet  I  am  ex 
tremely  chagrined  when  I  see  wicked  and  weak  men  have 
session  in  and  mis-conduct  the  public  councils.  I  understand 
that  our  excellent  friend  Samuel  Adams  has  left  congress.    I 
am  truly  sorry  for  it,  because  I  well  know  that  his  ability  and 
integrity  would  be  missed  from  any  assembly,  but  are  indis 
pensable  to  the  one  from  which  he  went.     As  you  are  the 
oldest  member,  and  the  most  skilful  in  marine  matters,  I  take 
it  for  granted  that  you  arc  now  chairman  of  the  marine  com 
mittee.     But  whether  so  or  not,  let  me  entreat  that  you  pre 
vail  with  the  committee  to  order  two  frigates  into  Chesapeake 
Bay,  if  it  is  only  for  a  few  days.     The  Confederacy  and  the 


RICHARD  HENRY  LEE.  231 

Boston  can  with  infinite  ease  destroy  the  enemy's  vessels 
which  are  doing  us  so  much  injury,  and  creating  so  great  ex 
pense,  by  frequent  calls  for  militia.  They  have  already 
burnt  several  private  houses,  and  one  public  warehouse  with 
between  two  and  three  hundred  hogsheads  of  tobacco,  and  car 
ried  off  much  plunder  and  many  negroes.  As  soon  as  they  see 
the  militia  gathering,  they  embark  and  go  to  another  unguard 
ed  place.  They  have  six  vessels — Qtter  sixteen,  Harlem  twelve 
guns,  king's  vessels  ;  Dunmore  sixteen,  schooner  Hammond 
fourteen,  Lord  North  twelve  guns,  and  Fincastle  two  three 
pounders.  The  four  last  Gutridge's  pirates.  They  say  their 
orders  are  to  burn  and  destroy  all  before  them.  An  eastern 
man  whom  they  had  captivated  and  detained,  escaped  from 
them  when  they  where  burning  the  warehouse,  and  gives  us 
the  above  account  of  their  force,  which  is  confirmed  by 
others.  They  land  between  sixty  and  seventy  men  when 
they  mean  to  do  mischief.  I  do  not  think  that  I  can  be 
charged  with  excess  of  opinion  in  favour  of  our  navy,  when 
I  say,  it  appears  to  me,  that  the  frigates  .already  mentioned, 
could  quickly  destroy  these  pirates  and  return  to  their  station, 
after  thus  relieving  our  water  bound  country,  and  removing 
the  cause  of  great  expense.  The  frigates  by  calling  at 
Hampton  can  get  the  best  intelligence  of  the  enemy's  situa 
tion  and  force.  I  shall  thank  you  for  your  foreign  and  do 
mestic  news,  as  well  as  to  know  what  tunes  the  fiddle- 
party  have  and  are  playing.  My  best  respects  attend  my 
whig  friends  in  congress." 

1779,  August  8 — To  the  same,  he  says,  "My  indisposition 
prevented  me  from  replying  to  your  favour  of  the  eleventh, 
by  last  post,  and  I  am  now  very  unwell,  but  will  no  longer 
Helay  thanking  you.  We  are  much  obliged  to  the  marine 


232  RICHARD  HENRY  LEE. 

committee  for  their  attention ;  I  see  the  frigates  have  taken 
and  sent  in  two  prizes,  vessels  of  war.  The  other  frigate 
you  mention,  would  no  doubt  have  been  of  considerable  ser 
vice.  I  am  very  apprehensive  with  you,  that  her  freight  will 
not  be  ready  for  some  time  ;  not  until  other  goods  come  to 
replace ;  I  hope  those  coming  will  be  really  good,  and  not  such 
miserable,  pernicious  stuff,  as  that  to  be  re-proved.  Worse 
goods  cannot  come,  so  that  a  change  bids  fair  to  be  beneficial. 
God  send  it  may  quicklv  take  place.  I  fancy  the  "  ugly  instru 
ment"  is  hurt  a  good  deal  by  the  dressing  lately  given  by  our  as 
sembly.  The  oath  anti-commercial  ordered  to  be  taken.  Pray 
inform  me  if  you  can,  whether  the  bass  viol  has  groaned  it  out 
I  had  thought  it  would  stick  in  the  throat,  not  from  principle, 
but  from  fear.  No  doubt  the  "old  game"  will  continue  to  be 
played,  whilst  a  certain  set  continue  where  they  are.  The 
best  and  most  faithful  friends  of  America,  must  be  execrated 
by  the  best  and  most  faithful  friends  of  our  enemies :  and 
this  is  the  clue  to  unfold  much  of  what  you  see.  Did  you  not 
enjoy  some  phizzes  when  Dr.  Lee's  vindication  and  vouchers 
were  read  ?  Some  people  will  always  think  it  «'  clearly  out 
of  order,"  to  give  the  public  this  conviction  of  their  own,  and 
their  friends'  criminality.  But  I  trust  there  will  be  a  majo 
rity  virtuous  enough  to  do  this  justice  to  the  community,  and 
to  individuals.  Shylock  should  have  justice,  and  the  law 
— yea  the  law  of  Moses,  "  forty  save  one."  I  fancy  you 
were  not  much  deceived  about  the  budget.  I  will  engage 
that  from  this  opener  it  will  be  generally  deceptions,  unim 
portant,  or  partified.  I  have  the  most  heartfelt  attachment 
to  our  navy,  and  therefore  wish  to  know  that  the  fisheries  go 
on  well,  and  that  the  marine  committee  are  attentive.  If  the 
enemy  go  on  burning  in  this  manner,  their  masked  friends 
in will  never  be  able  to  bring  us  again  under  British 


RICHARD   HENRY   LEE.  233 

bondage,  even  finance  and  foreign  affairs  are  trifled  with, 
abused,  and  go  wrong Colonel  F.  L.  Lee  is  very  thank 
ful  for  your  kind  remembrance  of  him,  and  sends  his  respects 

he  is  not  well  any  more  than  myself.     It  is  impossible  for 

us  to  be  so,  whilst  the  cause  of  America  receives  such  injury 
from  bad  men." 

1779,  September  4 — to  the  same  he  writes,  "  I  am  infinitely 
obliged  to  you  for  your  very  friendly  letter  of  the  twenty- 
third  last,  and  I  assure  you  that  whilst  I  live,  I  shall  never 
fail  to  retain  the  most  affectionate  remembrance  of  you.  My 
health,  I  thank  you,  is  well  restored,  and  my  spirits  not  a 
little  enlivened,  by  the  discomfiture  of  those  wicked  ones, 
whose  detestable  arts  have  prevailed,  much  too  long  for  the 
interest  of  that  cause,  which  we  have  laboured  so  much  to 
promote  and  to  secure;  I  believe  the  Confederacy's  freight 
will  be  a  very  guilty  one,  and  the  sooner  we  are  quit  of  it 
the  better ;  I  think  the  companion  of  Mr.  Adams  to  be  the 
very  worthy  man  he  describes  him,  and  such  an  one  as  will 
honour  his  country,  and  benefit,  not  distract  this.  I  can 
feel  with  proper  force,  the  satisfaction  that  good  men  must 
have  received,  and  the  chagrin  that  bad  ones  felt,  when  Dr. 
Lee's  papers  were  read ;  but  how,  my  dear  friend,  will  the 
honour  of  congress  stand,  if  they  suffer  that  wicked  insulter 
and  injurer  of  America,  Silas  Deane,  to  go  off  uncensured  ; 
already  you  find,  by  his  memorial,  that  your  silence  is  con 
strued  into  approbation  of  his  conduct,  and  this  idea  will 
be  pushed  through  the  world  to  his  plaudit,  and  the  indelible 
dishonour  and  disgrace  of  congress.  Yet,  it  is  most  certain, 
that  upon  the  estimation  with  which  mankind  regard  con 
gress,  does  the  future  interest  and  success  of  the  United 
States  most  essentially  depend.  Fiddle  is  the  most  con 
temptible  wretch  in  the  world,  and  if  he  takes  the  oath  and 
VOL.  IV — G  g 


234  RICHARD  HENRY   LEE. 

remains  in  congress,  I  am  much  misinformed,  if  he  will  not 
have  deep  cause  to  rue  it.  You  have  certainly  been  exone 
rated  of  abundance  of  filth  lately  from  congress  ;  does  not  an 
Augean  stable  yet  remain  ?  I  hope,  however,  it  will  be  cleansed 
at  last.  If  you  do  not  get  a  wise  and  very  firm  friend  to 
negotiate  the  fishery,  it  is  my  clear  opinion  that  it  will  be 
lost ;  and  upon  this  principle,  that  it  is  the  interest  of  every 
European  power,  to  weaken  us  arid  to  strengthen  themselves. 
Mr.  Ford  is  gone  to  Williamsburg  to  demand  a  public  hear 
ing  before  the  governor  and  council,  that  he  may,  as  he  says 
he  can  clearly  do,  refute  the  calumnious  charges  brought 
against  him  in  his  absence.  Long  ere  now,  I  suppose  you 
have  received  the  dispatches  he  brought,  which  I  forwarded 
by  express;  I  believe  they  contained  more  proofs  of  the 
wickedness  of  faction.  Dr.  Lee  informs  us  that  he  will 
return  to  America  as  soon  as  the  treaty  with  Spain  is  accom 
plished.  I  submit  my  opinion  concerning  his  resignation  to 
the  wise  judgment  of  his,  and  America's  friends ;  it  gives 
me  great  pleasure  to  hear  that  you  do  not  mean  to  quit  con 
gress  soon ;  it  is  very  agreeable  to  me  to  hear  that  our  little 
fleet  has  fallen  in  successfully  with  the  Jamaica  fleet.  I  am 
always  rejoiced  to  hear  that  our  navy  is  fortunate." 

1779,  October  7 — to  Mr.  Adams,  at  that  time  just  returned 
from  France,  he  writes,  "I  congratulate  you  most  sincerely 
on  your  safe  arrival,  and  your  return  to  your  family  and  coun 
try.  I  hope  you  found  the  former  in  good  health  ;  the  latter 
I  am  very  sure  will  at  all  times  be  benefitted  by  the  assistance 
of  so  able  a  citizen,  and  the  more  so  especially  at  this  time, 
when  the  most  important  of  all  sublunary  things  is  under 
consideration,  the  establishment  of  a  government.  Indepen 
dently  of  a  general  principle  of  philanthropy,  I  feel  myself 
interested  in  the  establishment  of  a  wise  and  free  republican 


RICHARD  HENRY   LEE.  235 

government  in  Massachusetts,  where  yet  I  hope  to  finish  the 
remainder  of  my  days.  The  hasty,  unpersevering,  aristo 
cratic  genius  of  the  south  suits  not  my  disposition,  and  is  in 
consistent  with  my  views  of  what  must  constitute  social 
happiness  and  security. 

"  It  is  not  long  since  I  received  your  favour  of  February  the 
thirteenth,  from  Paris.  So  far  as  immediate  personal  ease 
and  happiness  are  the  objects,  it  is  beyond  a  doubt  that  the  life 
of  a  private  citizen  is  more  desirable  than  any  public  cha 
racter  whatever,  and  especially  such  as  carry  us  from  home. 
But  my  friend,  we  must  consider  that  individual  happiness 
flows  from  the  general  felicity ;  and  the  security  of  the  whole 
is  the  safety  of  particulars.  What  must  become  of  the  Ame 
rican  cause  and  character,  if  her  councils  at  home  and  abroad 
are  to  be  filled  and  conducted  by  half  tories,  ambitious,  ava 
ricious  and  wicked  men?  These  considerations  induce  me  to 
wish  that  you  would  not  give  up  the  thoughts  of  public  ser 
vice,  until  our  affairs  are  better  settled.  I  wish  with  all  my 
heart,  that  the  Chevalier  De  la  Luzerne  and  Mr.  De  Mar- 
bois  had  origanally  come  here.  I  do  assure  you,  it  would 
greatly  have  benefitted  the  cause  of  the  alliance  and  the 
United  States.  Such  scenes  of  wicked  intrigue  I  never 
expected  to  take  place  in  America,  until  the  maturity  of  time 
and  luxury  with  its  consequent  train  of  vices,  had  ripened  us 
for  destruction!  *  *  *  *  I  heartily  wish  you  success  in  your 
negotiation,  and  that  whilst  you  secure  one  valuable  point  for 
us,  (the  fisheries,)  you  will  not  the  less  exert  your  endeavours 
for  another  very  essential  object,  the  free  navigation  of  the 
Mississippi,  provided  guilty  Britian  should  remain  in  posses 
sion  of  the  Floridas.  I  totally  despair  of  this  navigation 
from  any  other  advocation." 


236 


RICHARD   HENRY    LEE. 


The  feelings  which  these  letters  indicate,  only  prompted 
Mr.  Lee  to  devote  himself  with  increased  zeal  to  the  defence 
of  his  country,  in  every  practicable  manner.  When  absent 
from  the  legislature  we  find  him  in  the  field,  displaying  all 
the  spirit,  in  resisting  the  aggressions  of  the  enemy,  which  is 
manifest  in  what  lie  wrote.  They  had  at  this  period  turned 
their  attention  to  the  southern  states,  and  were  carrying  on 
against  the  coast  of  Virginia  a  predatory  and  harassing 
warfare;  and  Mr.  Lee  was  appointed,  as  lieutenant  of  the 
county,  to  the  command  of  the  militia  of  Westmoreland.  In 
the  field  he  was  as  distinguished  for  firmness,  energy,  activity 
and  judgment,  as  he  had  been  in  the  councils  of  the  nation, 
and  although  none  of  the  counties  on  the  Potomac  were 
more  exposed  than  Westmoreland,  his  judicious  disposal  of 
the  troops  under  his  command  protected  it -from  the  dis 
tressing  incursions  to  which  the  others  were  subjected.  The 
testimony  of  generals  Weedon  and  Greene  in  favour  of  the 
military  arrangements  for  defence  made  by  Mr.  Lee,  are  not 
more  honourable  to  his  fame  than  the  complaints  of  the 
enemy,  "  that  they  could  not  set  foot  on  Westmoreland  with 
out  having  the  militia  immediately  upon  them."  Such  was 
the  language  of  captain  Grant,  who  at  this  time  with  a  few 
British  schooners  and  tenders  kept  possession  of  the  Poto 
mac,  and  ravaged  the  counties  on  both  its  banks. 

The  nature  of  this  command  prevented  any  distinguished 
exploit,  yet  the  frequent  skirmishes  with  the  enemy  rendered 
it  peculiarly  dangerous.  On  one  occasion,  in  an  attempt  to 
seize  a  tender  of  the  enemy  which  had  been  driven  ashore, 
Mr.  Lee  narrowly  escaped  ;  for,  while  he  was  rallying  his 
scattered  company,  which  the  long  guns  from  the  boats  of 
the  enemy,  and  the  small  arms  of  a  detachment  on  shore  had 
thrown  into  confusion,  his  attention  was  so  occupied  that  his 


RICHARD  HENRY  LEE.  237 

horse  fell  with  him  amid  the  broken  and  insecure  ground  on 
the  beach,  only  a  few  yards  from  the  advance  of  the  British 
troops.  His  presence  of  mind  did  not  forsake  him  in  so  un 
toward  an  accident,  and  he  was  by  great  skill  able  to  cover 
the  retreat  of  his  little  party  without  considerable  loss  on  his 
side. 

During  the  years  1780,  1781,  1782,  Mr.  Lee  would  not 
accept  a  seat  in  congress,  from  a  belief  that  his  services  in 
the  assembly  of  his  native  state  would  be  more  profitable  to 
his  country;  particularly  at  that  time  when  the-establishing 
of  her  government,  and  some  of  her  most  important  concerns 
were  under  consideration.  Among  these,  three  subjects  were 
more  particularly  prominent,  and  most  frequently  agitated 
in  the  house,  the  making  paper  money  a  legal  tender  at  its 
nominal  value,  the  payment  of  British  debts,  and  a  captita- 
tion  tax  for  the  support  of  the  clergy,  or  as  the  advocates  of 
the  measure  called  it,  "  a  general  assessment  for  the  support 
of  the  Christian  religion." 

With  respect  to  the  payment  of  British  debts,  and  the 
policy  of  making  paper  money  a  legal  tender,  Mr.  Lee  was 
constantly  opposed  to  his  friend  Patrick  Henry,  and  they 
both,  among  the  new  political  characters  who  had  risen 
high  in  public  estimation,  continued  to  keep  their  place  far 
in  the  van.  The  vivid  and  interesting  comparison  of  the 
merits  of  these  great  men,  at  the  time  of  which  we  treat,  is 
given  by  a  correspondent  of  the  author  of  the  Life  of  Patrick 
Henry.  "  I  met  with  Patrick  Henry  in  the  assembly,  in  May, 
1783  ;  I  also  then  met  with  Richard  Henry  Lee.  These  two 
gentlemen  were  the  great  leaders  of  the  house  of  delegates, 
and  were  almost  constantly  opposed  :  there  were  many  other 
great  men  who  belonged  to  that  body,  but  as  orators  they 
cannot  be  named  with  Henry  or  Lee.  Mr.  Lee  was  a  polish- 


238  RICHARD  HENRY  LEE. 

eel  gentleman.  He  had  lost  the  use  of  one  of  his  hands,  hut 
his  manner  was  perfectly  graceful.  His  language  was 
always  chaste,  and  although  somewhat  too  monotonous,  his 
speeches  were  always  pleasing,  yet  he  did  not  ravish  your 
senses  nor  carry  away  your  judgment  by  storm.  His  was 
the  mediate  class  of  eloquence,  described  by  Rollin  in  his 
belles  lettres.  He  was  like  a  beautiful  river,  meandering 
through  a  flowery  mead,  but  which  never  overflowed  its' 
banks.  It  was  Henry  who  was  the  mountain  torrent,  that 
swept  away  .every  thing  before  it;  it  was  he  alone  who  thun 
dered  and  lightened,  he  alone  attained  that  sublime  species  of 
eloquence,  also  mentioned  by  Rollin." 

To  impede  the  payment  of  British  debts,  Mr.  Lee  thought 
a  violation  of  all  principles  of  honesty  and  national  honour, 
and  declared,  "  that  it  would  have  been  better  to  have  re 
mained  the  honest  slaves  of  Britain,  than  become  dishonest 
freemen."  He  eloquently  urged,  that  to  encourage  citizens 
to  make  light  of  the  faith  of  contracts,  was  to  undermine  the 
principles  of  virtue,  on  which  alone  republics  may  rest 
secure.  His  views  on  the  other  subjects  may  be  learned 
from  the  following  quotations:  "The  vast  sums  of  paper 
money,"  he  says  in  a  letter  to  Mr.  Jefferson,  "that  have 
been  issued,  (and  this  being  now  a  tender  for  the  discharge 
of  rents)  and  the  consequent  depreciation,  has  well  nigh 
effected  an  entire  transfer  of  my  estate  to  my  servants.  I  am 
very  far  from  desiring  that  the  law  should  place  these  con 
tracts  literally  as  they  were,  but  substantially  it  seems  just 
that  they  should  be.  Public  justice  demands  that  the  true 
meaning  and  genuine  spirit  of  contracts  should  be  complied 
with." 

His  sentiments  on  "  the  general  assessment  law,"  are  thus 
stated  in  a  letter  to  Mr.  Madison,  and  are  coincident  with 


RICHARD  HENRY   LEE.  239 

those  of  Patrick  Henry.  "It  is  certainly  comfortable  to 
know,  that  the  legislature  of  our  country  is  engaged  in  bene 
ficial  pursuits ;  for  I  conceive  that  the  general  assessment, 
and  a  digest  of  the  moral  laws,  are  very  important  concerns ; 
the  one  to  secure  our  peace,  and  the  other  our  morals.  Re 
finers  may  weave  reason  into  as  fine  a  web  as  they  please, 
but  the  experience  of  all  times  shows  religion  to  be  the  guar 
dian  of  morals  ;  and  he  must  be  a  very  inattentive  observer 
who  cannot  perceive,  that  in  our  country,  avarice  is  accom 
plishing  the  destruction  of  religion,  for  want  of  a  legal  ob 
ligation  to  contribute  something  to  its  support.  The  declara 
tion  of  rights,  it  seems  to  me,  rather  contends  againt  forcing 
modes  of  faith  and  forms  of  worship,  in  religious  matters, 
than  against  compelling  contribution  for  the  support  of  reli 
gion  in  general." 

To  state  the  opinions  of  Mr.  Lee  on  these  subjects,  seemed 
to  be  the  duty  of  his  biographer;  but  to  discuss  the  merits  of 
the  questions  involved  in  them,  belongs  to  the  philosophic 
historian.  The  people  most  interested  then,  were,  no  doubt, 
competent  to  distinguish  between  the  fitness  of  a  proposition 
and  the  authority  of  a  name ;  between  the  strength  and  clear 
ness  of  intellect,  and  absolute  infallibility. 

The  sovereignty  and  independence  of  the  United  States 
were  now  acknowledged  by  England,  and  the  provisional 
articles  of  peace  embraced  those  measures  which  Mr.  Lee 
had  so  strenuously  supported.  The  sheathed  sword  required 
no  longer  an  arm  to  wield  it,  but  the  deliberative  council 
might  still  be  aided  by  the  voice  of  experience.  Mr.  Lee, 
therefore,  willingly  accepted  the  mark  of  confidence  and 
attachment  with  which  the  people  of  Virginia  again  honoured 
him,  and  took  his  seat  in  congress,  on  the  first  of  November, 
1784.  The  highest  office  under  the  old  confederation  was 


240  RICHARD  HENRY   LEE. 

then  vacant,  and  on  the  thirtieth  of  the'  month  a  sufficient 
numher  of  states  having  assembled,  Mr.  Lee  was  raised  to 
the  presidential  chair.  The  delegates  to  congress  were 
unanimous  in  their  choice ;  the  congratulations  of  Washing 
ton  and  Samuel  Adams  were  re-echoed  by  every  state  in  the 
union,  and  were  well  merited  by  the  vigour,  zeal  and  patriot 
ism  which  the  president  of  congress  exhibited  in  that  high 
office.  Every  department  of  public  business  shared  his  at 
tention  ;  his  correspondence  with  ministers,  and  his  inter 
course  with  diplomatists  of  foreign  courts,  were  marked 
with  dignity  and  republican  plainness  and  sincerity.  When 
his  time  of  service  expired,  he  retired  to  the  bosom  of  his 
family,  with  the  satisfaction  of  having  faithfully  discharged 
the  trust  reposed  in  him,  having  received  "the  thanks  of 
congress  for  his  able  and  faithful  discharge  of  the  duties  of 
president,  while  acting  in  that  station." 

Mr.  Lee  was  not  a  member  of  the  convention  which  dis 
cussed  and  adopted  the  federal  constitution;  but  he  was 
strongly  opposed  to  its  adoption  without  amendment;  its 
tendency,  he  thought,  was  to  consolidation,  and  he  believed 
that  despotism  would  be  the  result  of  subjecting  such  an  ex 
tent  of  country,  interests  so  various,  and  people  so  numerous 
to  one  national  government.  He  recommended,  however, 
the  most  cool,  collected,  full  and  fair  discussion  of  that  all- 
important  subject.  "If  it  be  found  right,  (said  Mr.  Lee)  adopt 
it,  if  wrong,  amend  it,  at  all  events ;  for  to  say  that  bad 
governments  must  be  adopted  for  fear  of  anarchy,  is  really 
saying  that  we  should  kill  ourselves  for  fear  of  dying.  But 
since  it  is  neither  prudent  nor  easy  to  make  frequent  changes 
in  government,  and  as  bad  governments  have  been  generally 
found  the  most  fixed,  so  it  becomes  of  the  last  importance  to 
frame  the  first  establishment  upon  grounds  the  most  unexcep- 


RICHARD  HENRY  LEE.  241 

tionable,  and  such  as  the  hest  theories,  with  experience, 
justify ;  not  trusting  as  our  new  constitution  does,  and  as 
many  approve  of  doing,  to  time  and  future  events,  to  correct 
errors  that  both  reason  and  experience  in  similar  cases,  now 
prove  to  exist  in  the  new  system." 

The  good  of  his  country  was  the  sole  motive,  and  reason 
the  only  means  of  opposition  to  the  adoption  of  the  federal 
constitution  used  by  Mr.  Lee.  Fear,  the  offspring  of  force 
and  opinion,  seemed  to  him  the  only  means  by  which  to  re 
strain  men  ;  the  latter  cannot  exist  without  competent  know 
ledge  of  those  who  govern,  and  that  knowledge  cannot  exist 
in  so  extensive  a  country  as  the  United  States,  so  as  to  sup 
port  one  general  government.  He  was  anxious  that  the  con 
federated  states,  united  for  mutual  safety  and  happiness, 
should  contribute  to  the  federal  head,  only  such  part  of  their 
sovereignty  as  might  be  necessary  for  these  purposes  ;  but 
when  a  majority  of  the  people  willed  that  constitution  to  be 
the  rule  by  which  they  would  govern  themselves,  he  thought 
it  his  duty,  to  endeavour  by  every  means,  to  establish  in  the 
commencement  of  the  government,  such  a  system  of  prece 
dents,  as  would  check  the  evil  tendencies  then  supposed  to 
exist  in  the  constitution. 

As  the  first  senator  from  Virginia  under  the  new  constitu 
tion,  he  proposed  several  amendments,  the  adoption  of  which 
seemed  to  him  to  have  lessened  the  apprehended  danger.  He 
continued  to  hold  the  honourable  and  important  trust  of  sena 
tor  of  the  United  States,  with  great  satisfaction  to  his  native 
state  and  advantage  to  his  country,  till  enfeebled  health  in 
duced  him  to  withdraw  from  public  life,  and  seek  that  repose 
which  is  so  agreeable  to  declining  years,  and  that  enjoyment, 
which  a  mind  like  his,  always  receives  within  the  circle  of 
domestic  retirement.  On  the  twenty-second  of  October, 
VOL.  IV — H  h 


242  RICHARD  HENRY   LEE. 

1792,  the  senate  and  house  of  delegates  of  Virginia,  unani 
mously  agreed  to  a  vote  of  thanks,  in  these  words  :  "Resolved, 
unanimously,  that  the  speaker  he  desired  to  convey  to  Richard 
Henry  Lee,  the  respects  of  the  senate ;  that  they  sincerely 
sympathize  with  him  in  those  infirmities  which  have  deprived 
their  country  of  his  valuahle  services ;  and  that  they  ardently 
wish  he  may,  in  his  retirement,  with  uninterrupted  happiness 
close  the  evening  of  a  life,  in  which  he  hath  so  conspicuously 
shone  forth  as  a  statesman  and  a  patriot;  that  while  mind 
ful  of  his  many  exertions,  to  promote  the  puhlic  interests, 
they  are  particularly  thankful  for  his  conduct  as  a  member 
of  the  legislature  of  the  United  States." 

The  preceding  sketch  may  give  some  idea  of  the  public 
services  of  Mr.  Lee,  hut  who  can  depict  him  in  that  sphere 
of  which  he  was  the  centre  ?  giving  light  and  happiness  to 
all  around  him,  possessing  all  the  enjoyment  which  springs 
from  virtue,  unblemished  fame,  blooming  honours,  ardent 
friendship,  elegance  of  taste,  and  a  highly  cultivated  mind. 
His  hospitable  mansion  was  open  to  all ;  the  poor  and  the 
distressed  frequented  it  for  relief  and  consolation,  the  young 
for  instruction,  the  old  for  happiness ;  while  a  numerous 
family  of  children,  the  offspring  of  two  marriages,  clustered 
around  and  clung  to  each  other  in  fond  affection,  imbibing 
the  wisdom  of  their  father,  while  they  were  animated  and 
delighted  by  the  amiable  serenity,  and  captivating  graces  of 
his  conversation.  The  necessities  of  his  country  occasioned 
frequent  absences,  but  every  return  to  his  home  was  cele 
brated  by  the  people  as  a  festival ;  fur,  he  was  their  physi 
cian,  their  counsellor,  and  the  arbiter  of  their  differences; 
the  medicines  which  he  imported  were  carefully  and  judi 
ciously  dispensed,  and  the  equity  of  his  decisions  were  never 
controverted  by  a  court  of  law.  Enough  has  been  said  to 


RICHARD  HENRY   LEE.  243 

show  the  extent  of  his  acquirements,  and  the  refinement  of 
his  taste,  the  solidity  of  his  judgment  and  the  vividness  of 
his  imagination;  hut  the  personal  appearance  of  such  a  man 
may  be  an  object  of  curiosity  to  posterity.  His  person  was 
tall  and  well  proportioned ;  his  face  was  on  the  Roman 
model ;  his  nose  Caesarian ;  the  port  and  carriage  of  his 
head  leaning  persuasively  forward ;  and  the  whole  contour 
noble  and  fine.  The  eye  which  shed  intelligence  over  such 
features,  had  softness,  and  composure  as  its  prevailing  cha 
racteristic,  till  it  glowed  in  debate  or  radiated  in  conversa 
tion.  His  voice  was  clear  and  melodious,  and  was  modulated 
by  the  feeling  which  swayed  his  bosom.  The  progress  of 
time  was  insensible  to  those  who  listened  to  his  conversation, 
and  he  entwined  himself  around  the  mind  of  his  hearers,  fix 
ing  his  memory  on  their  hearts.  In  the  vigour  of  his  mind, 
amid  the  honours  of  the  world  and  its  enjoyments,  he  had 
declared  his  belief  in  Jesus  Christ  as  the  Saviour  of  men. 

The  following  sketch  may  gratify  the  reader,  although 
it  can  only  serve  to  bring  the  defects  of  the  present  under 
taking  into  stronger  and  more  immediate  contrast.  The 
writer  cannot,  however,  refrain  from  ornamenting  his  work 
with  it,  even  while  the  poet's  warning  is  fully  before  him. 
"Mr.  Lee  had  studied  the  classics  in  the  true  spirit  of  criti 
cism.  His  taste  had  that  delicate  touch  which  seized  with 
intuitive  certainty  every  beauty  of  an  author,  and  his  genius 
that  native  affinity  which  combined  them  without  an  effort. 
Into  every  walk  of  literature  and  science  he  had  carried  his 
mind  of  exquisite  selection,  and  brought  it  back  to  the  busi 
ness  of  life,  crowned  with  every  light  of  learning,  and 
decked  with  every  wreath  that  all  the  muses  and  all  the 
graces  could  entwine.  Nor  did  these  light  decorations  con 
stitute  the  whole  value  of  its  freight.  He  possessed  a  rich 


244  RICHARD  HENRY  LEE. 

store  of  political  knowledge,  with  an  activity  of  observation 
and  a  certainty  of  judgment,  which  turned  that  knowledge 
to  the  very  hest  account.  He  was  not  a  lawyer  hy  profes 
sion,  but  he  understood  thoroughly  the  constitution  both  of 
the  mother  country  and  of  her  colonies,  and  the  elements 
also  of  the  civil  and  municipal  law.  Thus,  while  his  elo 
quence  was  free  from  those  stiff  and  technical  restraints, 
which  the  habit  of  forensic  speaking  are  so  apt  to  generate, 
he  had  all  the  legal  learning  which  is  necessary  to  a  states 
man.  He  reasoned  well,  and  declaimed  freely  and  splendidly. 
The  note  of  his  voice  was  deep  and  melodious.  It  was  the 
canorous  voice  of  Cicero.  He  had  lost  the  use  of  one  of  his 
hands,  which  he  kept  constantly  covered  with  a  black  silk 
bandage,  neatly  fitted  to  the  palm  of  his  hand,  but  leaving  his 
thumb  free;  yet,  notwithstanding  this  disadvantage,  his  gesture 
Avas  so  graceful  and  highly  finished,  that  it  was  said  he  had 
acquired  it  by  practising  before  a  mirror.  Such  was  his 
promptitute,  that  he  required  no  preparation  for  debate. 
He  was  ready  for  any  subject  as  soon  as  it  was  announced, 
and  his  speech  was  so  copious,  so  rich,  so  mellifluous,  set  off 
with  such  bewitching  cadence  of  voice,  and  such  captivating 
grace  of  action,  that  while  you  listened  to  him,  you  desired 
to  hear  nothing  superior;  and  indeed,  thought  him  perfect. 
He  had  quick  sensibility  and  a  fervid  imagination." 

Mr.  Lee  breathed  his  last  on  the  nineteenth  of  June,  1794, 
in  the  sixty-fourth  year  of  his  age,  at  Chantilly,  Westmore 
land  county,  Virginia,  a  few  weeks  before  the  celebration  of 
the  day  on  which  his  eloquent  tongue  and  intrepid  mind,  had 
given  birth  to  the  independence  of  his  country. 


.1.15.1. oni^irn'  from  tin1  I'nilr.ih  l>v  held  -.il'tcr  Stnai"t 


THOMAS    JEFFERSON. 


THE  great  tragic  poet  of  antiquity  has  observed,  and  his 
torians  and  philosophers  in  every  age,  have  repeated  the 
observation,  that  no  one  should  be  pronounced  happy,  till 
death  has  closed  the  period  of  human  uncertainty.  Yet,  if 
to  descend  into  the  vale  of  life,  beloved  and  honoured ; 
to  see  the  labours  of  our  earlier  years,  crowned  with 
more  than  hoped  for  success ;  to  enjoy  while  living,  that 
fame,  which  is  usually  bestowed  only  beyond  the  tomb  $  if 
these  could  confer  aught  of  happiness,  on  this  side  the  grave, 
then  may  the  subject  of  our  memoir  be  esteemed  truly 
happy. 

He,  indeed,  survived  those  who  were  the  partners  of  his 
toils,  and  the  companions  of  his  earlier  years ;  but  in  so  do 
ing,  he  did  not  experience  the  usual  fate  of  mortality,  in  sur 
viving  the  sympathy,  the  kindness,  and  the  love  of  his  fellow 
creatures.  A  new  race  of  companions  rose  around  him,  who 
added  to  those  feelings  the  deeper  ones  of  admiration,  respect, 
and  gratitude  ;  and  he  long  lived  in  the  bosom  of  his  country, 
which  was  the  bosom  of  his  friends,  cherished  with  an  affec 
tion,  bestowed  at  once  by  the  ardour  of  youth,  and  the  re 
flection  of  age. 


I 


246  JEFFERSON. 

One  cannot  resist  applying  to  him,  that  sentiment  in  which 
the  greatest  of  historians  has  indulged,  when  speaking  of  a 
man  whom  Mr.  Jefferson  strongly  resembled,  in  the  mild  and 
virtuous  dignity  of  his  domestic  character,  his  fondness  for 
the  pursuits  of  science,  chastened,  but  not  extinguished  by 
the  occupations  of  an  active  life,  the  serenity  of  his  temper 
and  manners,  and  a  modesty  and  simplicity,  which,  while 
they  shed  an  uncommon  lustre  over  his  public  career,  doubly 
adorned  the  less  conspicuous  scenes  of  retirement.  "  Agricola 
had  possessed  to  the  full,"  says  Tacitus,  "  those  enjoyments 
which  alone  can  make  us  truly  happy,  those  which  spring 
from  virtue — he  had  been  adorned  with  all  the  dignity,  which 
consular  rank  or  triumphal  honours  could  bestow — what 
more  could  fortune  add  to  his  happiness  or  his  fame  ?" 

Need  the  author  of  this  article  say,  that  it  is  with  feelings 
of  unaffected  diffidence,  he  takes  his  pen  to  record  a  brief, 
and  probably  transient  account,  of  the  chief  incidents  in  the 
life  of  this  distinguished  man  ?  need  he  say,  that  he  can  in 
dulge  no  hope  of  portraying,  either  vividly  or  justly,  those 
brilliant  characteristics  with  which  it  abounds  ?  and  need  he 
add,  that  if  his  sketch  shall  possess  any  interest,  it  is  to  be 
attributed  more  to  the  illustrious  name  which  adorns  it,  than 
to  its  own  excellence  ?  He  is  indeed  but  too  well  aware  that 
the  historian  of  Mr.  Jefferson  has  not  an  easy  task  to  per 
form.  His  was  a  life  of  no  common  character.  It  was  one 
abounding  in  great  events  and  extraordinary  circumstances, 
upon  which  the  opinions  of  his  countrymen  have  been  so 
much  divided,  that  prejudices  arising  from  their  divisions, 
have  thrown  their  shade  upon  almost  every  transaction  of 
his  life.  Let  it  be  remembered,  however,  that  to  these  con 
flicting  sentiments,  a  biographer  is  not  called  on  to  become 
a  party ;  nor  would  it  be  proper  in  him  to  obtrude  the  pecu- 


JEFFERSON.  247 

liar  opinions  he  may  entertain.  It  is  his  duty  alone  to  state 
their  existence,  with  the  powerful  influence  that  attended 
them,  and  to  ask  from  his  country,  that,  all  prejudices  laid 
aside,  the  illustrious  object  of  his  labours  may  come  before 
them,  in  that  cloudless  mirror,  wherein  posterity  will  examine 
the  fathers  of  our  country. 

THOMAS  JEFFERSON  was  descended  from  a  family,  which 
had  been  long  settled  in  his  native  province  of  Virginia.  His 
ancestors  had  emigrated  thither  at  an  early  period ;  and  al 
though  bringing  with  them,  so  far  as  is  known,  no  fortune 
beyond  that  zeal  and  enterprise  which  are  more  than  useful 
to  adventurers  in  a  new  and  unknown  country,  and  no  rank 
beyond  a  name,  which  was  free  from  dishonour;  they  had  a 
standing  in  the  community  highly  respectable,  and  lived  in 
circumstances  of  considerable  affluence.  His  father,  Peter 
Jefferson,  was  a  gentleman  well  known  in  the  province.  He 
was  appointed  in  the  year  1747,  one  of  the  commissioners 
for  determining  the  division  line,  between  Virginia  and  North 
Carolina,  an  office  which  would  seem  to  indicate  at  once  con 
siderable  scientific  knowledge,  and  that  integrity,  firmness, 
and  discernment,  which  are  so  peculiarly  necessary  in  set 
tling  the  boundaries  between  small  but  independent  terri 
tories. 

Thomas  Jefferson  was  born  on  the  second  day  of  April, 
(0.  S.)  1743,  at  Shadwell,  in  Albemarle  county,  Virginia, 
and  on  the  death  of  his  father,  succeeded  [to  an  ample  and 
unembarrassed  fortune.  But  little  is  known  of  the  incidents 
of  his  early  life,  and  the  biographer  is  entirely  destitute  of 
those  anecdotes  of  youth  which  are  so  often  remembered  and 
recorded,  pointing  out,  as  they  seem  to  do,  the  latent  sparks 
of  genius,  and  foretelling  the  career  of  future  usefulness  and 


248  JEFFERSON. 

honour.  We  first  hear  of  him  as  a  student  in  the  college  of 
William  and  Mary,  at  Williamsburg,  and  then,  ignorant  of 
his  success  on  the  youthful  arena  of  literary  fame,  find  him 
a  student  of  law,  under  a  master  whose  talents  and  virtue, 
may  have  offered  a  model  for  his  succeeding  life,  the  cele- 
hrated  George  Wythe,  afterwards  chancellor  of  the  state  of 
Virginia.  With  this  gentleman  he  was  united,  not  merely 
hy  the  ties  of  professional  connexion,  hut  hy  a  congeniality 
of  feeling,  and  similarity  of  views,  alike  honourable  to 
them  both ;  the  friendship  formed  in  youth  was  cemented 
and  strengthened  by  age,  and  when  the  venerable  pre 
ceptor  closed  his  life,  in  1806,  he  bequeathed  his  library 
and  philosophical  apparatus  to  a  pupil  and  friend,  who 
had  already  proved  himself  worthy  of  his  instruction  and 
regard. 

Mr.  Jeiferson  was  called  to  the  bar  in  the  year  1766;  and 
pursued  the  practice  of  his  profession,  with  zeal  and  success. 
In  the  short  period  during  which  he  continued  to  devote  him 
self  to  it,  without  the  interruption  of  political  objects,  he  ac 
quired  very  considerable  reputation,  and  there  still  exists  a 
monument  of  his  early  labour  and  useful  talents,  in  a  volume 
of  Reports  of  adjudged  cases  in  the  supreme  courts  of  Vir 
ginia,  compiled  and  digested,  amid  the  engagements  of  active 
professional  occupation. 

But  he  came  into  life  at  a  period,  when  those  who  possessed 
the  confidence  of  their  fellow  citizens,  and  the  energy  and 
talents  requisite  for  public  life,  were  not  long  permitted  to 
remain  in  a  private  station,  and  pursue  their  ordinary  affairs  ; 
he  was  soon  called  to  embark  in  a  career  of  more  extensive 
usefulness,  and  to  aim  at  higher  objects — ingenium  illustre 
altioribus  studiis  juvenisadmodum  dedit,quo  firrnior  adversus 
fortuita  rempublicam  capesseret.  We  find  him  accordingly, 


JEFFERSON.  249 

as  early  as  the  year  1769,  a  distinguished  member  of  the 
legislature  of  Virginia,  associated  with  men,  whose  names 
are  inscribed  among  the  first  and  most  determined  cham 
pions  of  our  rights.  Ever  since  the  year  1763,  a  spirit  of 
opposition  to  the  British  government,  had  been  gradually 
arising  in  the  province,  and  this  spirit  was  more  and  more 
increased,  by  the  arbitrary  measures  of  the  mother  country, 
which  seemed  to  be  the  offsprings  of  rashness  and  folly, 
singularly  extraordinary.  The  attachment  to  England  was, 
indeed,  considerable  in  all  the  colonies,  and  in  Virginia  it  was 
more  than  usually  strong  ;  many  of  the  principal  families  of 
the  province  were  connected  with  it  by  the  closest  ties  of 
consanguinity  ;  the  young  men  of  promise,  were  sent  thither 
to  complete  their  education  in  its  colleges ;  and  by  many, 
and  those  not  the  least  patriotic,  it  was  fondly  looked  to  as 
their  home.  To  sever  this  connexion,  one  would  suppose  to 
be  a  work  of  no  ordinary  facility ;  yet  such  was  the  rash 
course  pursued  by  the  British  ministry,  that  a  very  brief 
space  was  sufficient,  to  dissolve  in  every  breast  that  glowed 
with  national  feeling,  the  ties  which  had  been  formed  by 
blood,  by  time,  and  by  policy  ;  a  very  short  experience  was 
enough  to  convince  every  mind,  conversant  with  the  political 
history  of  the  world,  and  able  to  weigh,  amid  the  tumult  of 
the  times,  the  probable  chances  of  successful  resistance,  with 
the  miseries  of  submission  or  defeat,  that  there  was  no 
hazard  too  great  to  be  encountered,  for  the  establishment  of 
institutions,  which  would  secure  the  country  from  a  repeti 
tion  of  insults  that  could  only  end  in  the  most  abject  slavery. 
It  will  not  be  doubted,  that  Mr.  Jefferson  was  among  the 
first  to  perceive  the  only  course  that  could  be  adopted ;  his 
own  expressive  language  portrays  at  once  the  sufferings  of 
the  country,  and  the  necessity  of  resistance. 
VOL.  IV.— I  i 


250  JEFFERSON. 

"  The  colonies"  he  says,  in  alluding  to  this  period,  "were 
taxed  internally  and  externally;  their  essential  interests  sacri 
ficed  to  individuals  in  Great  Britain  ;  their  legislatures  sus 
pended  ;  charters  annulled  ;  trials  hy  juries  taken  away  ;  their 
persons  subjected  to  transportation  across  the  Atlantic,  and  to 
trial  hy  foreign  judicatories  ;  their  supplications  for  redress 
thought  heneath  answer  ;  themselves  published  as  cowards  in 
the  councils  of  their  mother  country  and  courts  of  Europe ; 
armed  troops  sent  amongst  them  to  enforce  submission  to 
these  violences ;  and  actual  hostilities  commenced  against 
them.  No  alternative  was  presented,  but  resistance  or  un 
conditional  submission.  Between  these  there  could  be  no 
hesitation.  They  closed  in  the  appeal  to  arms." 

On  the  first  of  January,  1772,  Mr.  Jefferson  married  the 
daughter  of  Mr.  Wayles,  an  eminent  lawyer  of  Virginia;  an 
alliance  by  which  he  at  once  gained  an  accession  of  strength 
and  credit ;  and  secured  in  the  intervals  of  public  business, 
(which  indeed  were  few)  the  domestic  happiness  he  was  so 
well  fitted  to  partake  and  to  enjoy.  Its  duration,  however, 
was  but  short ;  in  little  more  than  ten  years,  death  deprived 
him  of  his  wife,  and  left  him  the  sole  guardian  of  two  infant 
daughters,  to  whose  education  he  devoted  himself  with  a 
constancy  and  zeal,  which  might  in  some  degree  compensate 
for  the  want  of  a  mother's  care  and  instruction. 

On  the  twelfth  of  March,  1773,  Mr.  Jefferson  was  appoint 
ed  a  member  of  the  first  committee  of  correspondence,  estab 
lished  by  the  colonial  legislatures  ;  an  act  already  alluded 
to  as  one  of  the  most  important  of  the  revolution,  having 
paved  the  way  for  that  union  of  action  and  sentiment, 
whence  arose  the  first  effective  resistance,  and  on  which 
depended  the  successful  conduct  and  final  triumph  of  the 
cause. 


JEFFERSON.  251 

The  year  17T4,  found  Mr.  Jefferson  still  an  active  mem 
ber  of  the  legislature  of  Virginia.  The  passage  of  the  Bos 
ton  port  act,  and  the  hills  which  immediately  followed  it, 
had  filled  up  the  measure  of  insult  and  oppression.  The 
private  property  of  all  was  to  he  sacrificed  for  the  public 
conduct  of  a  few  $  the  faith  of  charters  was  unhesitatingly 
violated  $  and  personal  liberty  and  life  itself  .were  destroyed, 
without  resort  to  the  common  forms  of  justice,  and  without 
redress.  At  this  crisis,  Mr.  Jefferson  wrote  and  published 
his  "  Summary  view  of  the  rights  of  British  America ;" 
having  devoted  to  its  composition  all  the  leisure  he  could 
obtain  from  the  labours  of  his  public  situation ;  although 
these  had  become  by  this  time,  from  his  active  and  energetic 
character,  extremely  arduous.  ,  * - 

This  pamphlet  he  addressed  to  the  king,  as  the  chief  officer 
of  the  people,  appointed  by  the  laws  and  circumscribed  with 
definitive  power,  to  assist  in  working  the  great  machine  of 
government,  erected  for  their  use,  and  consequently  subject 
to  their  superintendence.  He  reminded  him,  that  our  ances 
tors  had  been  British  freemen,  that  they  had  acquired  their 
settlements  here,  at  their  own  expense  and  blood  ;  that  it 
was  for  themselves  they  fought,  for  themselves  they  conquer 
ed,  and  for  themselves  alone,  they  had  a  right  to  hold.  That 
they  had  indeed  thought  proper  to  adopt  the  same  system  Of 
laws,  under  which  they  had  hitherto  lived,  and  to  unite 
themselves  under  a  common  sovereign  ;  but  that  no  act  of 
theirs  had  ever  given  a  title  to  that  authority,  which  the 
British  parliament  arrogated.  That  the  crown  had  unjustly 
commenced  its  encroachments,  by  distributing  the  settle 
ments  among  its  favourites,  and  the  followers  of  its  fortunes ; 
that  it  then  proceeded  to  abridge  the  free  trade,  which 
the  colonies  possessed  as  of  natural  right,  with  all  parts  of 


252 


JEFFERSON. 


the  world  ;  and  that  afterwards  offices  were  established  of 
little  use,  but  to  accommodate  the  ministers  and  favourites 
of  the  crown.  .  That  during  the  reign  of  the  sovereign  whom 
he  immediately  addressed,  the  violation  of  rights  had  in 
creased  in  rapid  and  bold  succession ;  being  no  longer  single 
acts  of  tyranny,  that  might  be  ascribed  to  the  accidental 
opinion  of  a  day ;  but  a  series  of  oppressions,  pursued  so 
unalterably  through  every  change  of  ministers,  as  to  prove 
too  plainly  a  deliberate  and  systematical  plan,  of  reducing 
the  colonies  to  slavery.  He  next  proceeds,  in  a  style  of  the 
boldest  invective,  to  point  out  the  several  acts  by  which  this 
plan  had  been  enforced,  and  enters  against  them  a  solemn 
and  determined  protest.  He  then  considers  the  conduct  of 
the  king,  as  holding  an  executive  authority  in  the  colonies, 
and  points  out,  without  hesitation,  his  deviation  from  the  line 
of  duty  ;  he  asserts,  that  by  the  unjust  exercise  of  his  nega 
tive  power,  he  had  rejected  laws  of  the  most  salutary  ten 
dency  ;  that  he  bad  defeated  repeated  attempts  to  stop  the 
slave  trade  and  abolish  slavery  ;  thus  preferring  the  imme 
diate  advantages  of  a  few  African  corsairs,  to  the  lasting 
interests  of  America,  and  to  the  rights  of  human  nature, 
deeply  wounded  by  this  infamous  practice.  That  inattentive 
to  the  necessities  of  his  people,  he  had  neglected  for  years, 
the  laws  which  were  sent  for  his  inspection.  And  that  as 
suming  a  power,  for  advising  the  exercise  of  which,  the 
English  judges  in  a  former  reign  had  suffered  death  as  trai 
tors  to  their  country,  he  had  dissolved  the  representative  as 
semblies,  and  refused  to  call  others.  That  to  enforce  these, 
and  other  arbitrary  measures,  he  had  from  time  to  time  sent 
over  large  bodies  of  armed  men,  not  made  up  of  the  people 
here,  nor  raised  by  the  authority  of  their  laws.  That  to 
render  these  proceedings  still  more  criminal,  instead  of  sub- 


JEFFERSON.  253 

jecting  the  military  to  the  civil  powers,  he  had  expressly 
made  the  latter  subordinate  to  the  former.  That  these 
grievances  were  thus  laid  before  their  sovereign,  with  that 
freedom  of  language  and  sentiment  which  became  a  free  peo 
ple,  whom  flattery  would  ill  beseem,  when  asserting  the 
rights  of  human  nature  ;  and  who  knew  nor  feared  to  say,  that 
kings  are  the  servants,  not  the  proprietors  of  the  people. 

In  these  sentiments,  bold  as  they  were,  his  political  asso 
ciates  united  with  him;  they  considered  that  which  was 
nominally  directed  against  the  colonies  of  New  England 
alone,  equally  an  attack  on  the  liberties  and  rights  of  every 
other  province.  They  resolved  that  the  first  of  June,  the 
day  on  which  the  operation  of  the  Boston  port  bill  was  to 
commence,  should  be  set  apart  by  the  members,  as  a  day  of 
fasting,  humiliation  and  prayer ;  "  devoutly  to  implore  the 
divine  interposition,  for  averting  the  heavy  calamities  which 
threatened  destruction  to  their  civil  rights,  and  the  evils  of 
a  civil  war ;  and  to  give  them  one  heart  and  one  mind,  to 
oppose,  by  all  just  and  proper  means,  every  injury  to  Ame 
rican  rights." 

Such  proceedings  greatly  exasperated  lord  Dunmore,  the 
royal  governor  of  the  province.  He  threatened  a  prosecution 
for  high  treason  against  Mr.  Jefferson,  who  boldly  avowed 
himself  the  author  of  the  obnoxious  pamphlet,  and  dissolved 
the  house  of  burgesses,  immediately  after  the  publication  of 
their  resolution.  Notwithstanding  these  arbitrary  measures, 
the  members  met  in  their  private  capacities,  and  mutually 
signed  a  spirited  declaration,  wherein  they  set  forth  the  un 
just  conduct  of  the  governor,  which  had  left  them  this,  the 
only  method,  to  point  out  to  their  countrymen,  the  measures 
they  deemed  the  best  fitted  to  secure  their  rights  and  liberties 
from  destruction,  by  the  heavy  hand  of  power.  They  told 


254  JEFFERSON, 

them,  that  they  could  no  longer  resist  the  conviction,  that 
a  determined  system  had  been  formed  to  reduce  the  inhabi 
tants  of  British  America  to  slavery,  by  subjecting  them  to 
taxation  without  their  consent,  by  closing  the  port  of  Boston, 
and  raising  a  revenue  on  tea.  They  therefore  strongly 
recommended  a  close  alliance  with  their  sister  colonies,  the 
formation  of  committees  of  correspondence,  and  the  annual 
meeting  of  a  general  congress  ;  earnestly  hoping  that  a  per- 
sistance  in  those  unconstitutional  principles,  would  not  com 
pel  them  to  adopt  measures  of  a  character  more  decisive. 

The  year  1775,  opened  in  England,  with  attempts,  at  once 
by  the  friends  and  the  enemies  of  the  colonies,  to  effect  a 
reconciliation.  Perhaps  the  period  had  passed  away,  when 
success  was  to  be  expected,  from  the  efforts  of  the  former ; 
but  even  an  experiment  on  their  plan  was  not  allowed  to  be 
made.  The  house  of  lords  received,  with  chilling  apathy, 
the  proposition  submitted  by  the  energy,  the  patriotism  and 
the  experience  of  the  dying  Chatham ;  and  the  house  of 
commons  listened,  without  conviction,  to  the  well  digested 
plans  of  Mr.  Burke,  brought  forward  as  they  were,  with  an 
eloquence  unequalled  perhaps  in  the  records  of  any  age  or 
country,  and  supported  by  that  intuitive  quickness  of  per 
ception,  that  astonishing  correctness  of  foresight,  which  so 
often  marked  his  political  predictions. 

The  ministry  were  determined  that  the  reconciliation,  if 
indeed  they  ever  sincerely  wished  for  one,  should  proceed 
from  themselves,  and  be  made  on'  their  own  terms ;  they 
offered  that  so  long  as  the  colonial  legislatures  should  con 
tribute  a  fair  proportion  for  the  common  defence,  and  for 
the  support  of  the  civil  government,  no  tax  should  be  laid  by 
parliament;  but  that  the  amount  raised  by  these  means, 
should  be  disposable  by  that  body.  This  proposition,  bear- 


JEFFERSON.  255 

ing  indeed  some  semblance  of  conciliation,  but  in  fact  yield 
ing  no  single  point  of  that  arbitrary  system  which  Great 
Britain  had  chosen  to  adopt,  was  carried  by  a  large  majority, 
and  sent  to  the  governors  of  the  several  colonies,  with  direc 
tions  to  lay  it  before  the  respective  legislatures.  It  was  at 
least  hoped,  that  if  the  scheme  did  not  finally  succeed,  it 
might  produce  disunion  or  discontent. 

On  the  first  of  June,  1775,  lord  Dunmore  presented  to  the 
legislature  of  Virginia,  the  resolution  of  the  British  parlia 
ment.  It  was  referred  immediately  to  a  committee,  and  Mr. 
Jefferson  was  selected  to  frame  the  reply.  This  task  he 
performed  with  so  much  strength  of  argument,  enlightened 
patriotism,  and  sound  political  discretion,  that  the  document 
has  been  ever  considered,  as  a  state  paper  of  the  highest 
order.  It  is  found  in  most  of  the  histories  of  that  period, 
and  for  a  work  like  this,  it  may  be  sufficient  merely  to  give 
the  sentence,  with  which  he  concludes  a  series  of  propositions 
and  an  array  of  facts,  alike  unanswered  and  unanswerable. 

"These,  my  lord,  are  our  sentiments  on  this  important 
subject,  which  we  offer  only  as  an  individual  part  of  the 
whole  empire.  Final  determination  we  leave  to  the  general 
congress  now  sitting,  before  whom  we  shall  lay  the  papers 
your  lordship  has  communicated  to  us.  For  ourselves,  we 
have  exhausted  every  mode  of  application,  which  our  inven 
tion  could  suggest  as  proper  and  promising.  We  have  de 
cently  remonstrated  with  parliament,  they  have  added  new 
injuries  to  the  old;  we  have  wearied  our  king  with  supplica 
tions,  he  has  not  deigned  to  answer  us ;  we  have  appealed  to 
the  native  honour  and  justice  of  the  British  nation,  their 
efforts  in  our  favour  have  hitherto  been  ineffectual.  What 
then  remains  to  be  done  ?  That  we  commit  our  injuries  to 
the  even  handed  justice  of  that  Being  who  dotli  no  wrong, 


256  JEFFERSON. 

earnestly  beseeching  Him  to  illuminate  the  councils,  and  pros 
per  the  endeavours  of  those  to  whom  America  hath  confided 
her  hopes ;  that  through  their  wise  directions,  we  may  again 
see  reunited  the  blessings  of  liberty,  prosperity,  and  harmony 
with  Great  Britain/' 

Mr.  Jefferson  had  been  elected,  on  the  twenty-seventh  of 
March,  1775,  one  of  the  members  to  represent  Virginia,  in 
the  general  congress  of  the  confederated  colonies,  already 
assembled  at  Philadelphia.  When  about  to  leave  the  colony, 
a  circumstance  is  said  to  have  occurred  to  him,  and  to  Mr. 
Harrison  and  Mr.  Lee,  his  fellow  delegates,  that  conveyed  a 
noble  mark  of  the  unbounded  confidence,  which  their  consti 
tuents  reposed  in  their  integrity  and  virtue.  A  portion  of 
the  inhabitants,  who,  far  removed  from  the  scenes  of  actual 
tyranny,  which  were  acted  in  New  England,  and  pursuing 
uninterruptedly  their  ordinary  pursuits,  could  form  no  idea 
of  the  slavery  impending  over  them,  waited  on  their  three 
representatives,  just  before  their  departure,  and  addressed 
them  in  the  following  terms  : 

"You  assert  that  there  is  a  fixed  design  to  invade  our 
rights  and  privileges ;  we  own  that  we  do  not  see  this  clearly, 
but  since  you  assure  us  that  it  is  so,  we  believe  the  fact.  We 
are  about  to  take  a  very  dangerous  step ;  but  we  confide  in 
you,  and  are  ready  to  support  you  in  every  measure  you  shall 
think  proper  to  adopt." 

On  Wednesday,  the  twenty-first  of  June,  1775,  Mr.  Jef 
ferson  appeared  and  took  his  seat  in  the  continental  con 
gress  ;  and  it  was  not  long  before  he  became  conspicuous 
among  those,  most  distinguished  by  their  abilities  and  ardour. 
In  a  few  days  after  his  arrival,  he  was  made  a  member  of  a 
committee  appointed  to  draw  up  a  declaration,  setting  forth 
the  causes  and  necessity  of  resorting  to  arms;  a  task,  which, 


JEFFERSON.  £57 

like  all  the  other  addresses  of  this  congress,  was  executed 
with  singular  ability,  and  in  which  it  is  more  than  prohable, 
the  Virginia  delegate  took  no  inconsiderable  part. 

In  July,  the  resolution  of  the  house  of  commons  for  con 
ciliating  the  colonies,  which  had  been  presented  to  the  dif 
ferent  legislatures,  and  to  which,  as  we  have  already  related, 
Mr.  Jefferson  had  framed  the  reply  of  Virginia,  was  laid 
before  congress.  He  was  immediately  named  a  member  of 
the  committee  to  whom  it  was  referred,  and  in  a  few  days 
a  report  was  presented  embracing  the  same  general  views  as 
his  own,  and  repeating  that  the  neglect  with  wrhich  all  our 
overtures  were  received,  had  destroyed  every  hope,  but  that 
of  reliance  on  our  own  exertions. 

On  the  eleventh  of  August,  Mr.  Jefferson  was  again  elected 
a  delegate  from  Virginia,  to  the  third  congress.  During  the 
winter,  his  name  appears  very  frequently  on  the  journals  of 
that  assembly,  and  we  find  him  constantly  taking  an  active 
part  in  the  principal  matters  which  engaged  its  attention. 
He  was  a  member  of  various  committees,  but  from  the  in 
formation  to  be  obtained  on  the  records  of  congress,  and 
it  is  but  scanty,  his  attention  seems  rather  to  have  been  de 
voted  to  objects  of  general  policy,  the  arrangement  of  general 
plans  and  systems  of  action,  the  investigation  of  important 
documents,  and  objects  of  a  similar  nature,  than  to  the  details 
of  active  business  for  which  other  members  could  probably 
be  found,  equally  well  qualified. 

With  the  commencement  of  the  year  1776,  the  affairs  of  the 
colonies,  and  certainly  the  views  of  their  political  leaders, 
began  to  assume  a  new  aspect,  one  of  more  energy,  and  with 
motives  and  objects  more  decided  and  apparent.  Eighteen 
months  had  passed  away,  since  the  colonists  had  learned  by 
VOL.  IV.— K  k 


258  JEFFERSON. 

the  entrenchments  at  Boston,  that  a  resort  to  arms  was  an 
event,  not  beyond  the  contemplation  of  the  British  ministry; 
nearly  a  year  had  elapsed,  since  the  fields  of  Concord  and 
Lexington  had  been  stained  with  hostile  blood ;  during  this 
interval,  armies  had  been  raised,  vessels  of  war  had  been 
equipped,  fortifications  had  been  erected,  gallant  exploits  had 
been  performed,  and  eventful  battles  had  been  lost  and  won ; 
yet  still  were  the  provinces  bound  to  their  British  brethren, 
by  the  ties  of  a  similar  allegiance ;  still  did  they  look  upon 
themselves  as  members  of  the  same  empire,  subjects  of  the 
same  sovereign,  and  partners  in  the  same  constitution  and 
laws.  They  acknowledged,  that  the  measures  they  had 
adopted  were  not  the  result  of  choice,  but  the  exercise  of  a 
right  if  not  a  duty,  resulting  from  this  very  situation  ;  they 
confessed  that  they  were  engaged  in  a  controversy  peculiarly 
abhorrent  to  their  affections,  of  which  the  only  object  was  to 
restore  the  harmony  formerly  existing  between  the  two  coun 
tries,  and  to  establish  it  on  so  firm  a  basis,  as  to  perpetuate 
its  blessings,  uninterrupted  by  any  future  dissensions,  to 
succeeding  generations  in  both  nations. 

There  is  indeed  among  all  men  a  natural  reluctance  to 
throw  off  those  habits,  we  may  say  principles,  to  which  they 
have  become  attached,  by  education  and  long  usage — there 
is  an  uncertainty  always  hanging  over  the  future,  that  makes 
us  dread  to  explore  it,  in  search  of  an  expected  but  uncertain 
good — and  we  seem  rather  willing  to  wait  until  fortune  or 
time  shall  afford  a  remedy,  than  to  seek  it  by  boldly  grasping 
at  that,  which  although  bright  and  beautiful  in  appearance, 
can  be  reached  only  with  toil  and  danger,  and  may  prove  at 
last  a  phantom.  A  revolution,  however  Justin  its  principles, 
however  plausible  in  its  conduct,  however  pure  in  its  ends, 
cannot  be  but  uncertain  in  its  results ;  and  though  even  the 


JEFFERSON.  259 

thinking  and  the  good  will  not  hesitate,  when  no  other  means 
are  left  to  preserve  those  rights,  without  which  happiness  is 
only  a  name,  they  will  resort  to  it  as  the  last  resource,  after 
every  other  expedient  has  heen  tried,  after  long  suffering, 
with  hesitation,  almost  with  regret. 

Every  expedient,  however,  short  of  unconditional  separa 
tion,  had  now  heen  tried  hy  congress — but  in  vain.  It  ap 
peared  worse  than  useless,  longer  to  pursue  measures  of  open 
hostility,  and  yet  to  hold  out  the  promises  of  reconciliation. 
The  time  had  arrived  when  a  more  decided  stand  must  be 
taken — the  circumstances  of  the  nation  demanded  it,  the  suc 
cess  of  the  struggle  depended  on  it.  The  best  and  wisest 
men  had  become  convinced,  that  no  accommodation  could 
take  place,  and  that  a  course  which  was  not  marked  by  deci 
sion  would  create  dissatisfaction  among  the  resolute,  while  it 
would  render  more  uncertain  the  feeble  and  the  wavering. 

During  the  spring  of  1776,  therefore,  the  question  of  inde 
pendence  became  one  of  very  general  interest  and  reflection 
among  all  classes  of  the  nation.  It  was  taken  into  conside 
ration  by  some  of  the  colonial  legislatures,  and  in  Virginia  a 
resolution  was  adopted  in  favour  of  its  immediate  declara 
tion. 

Under  these  circumstances,  the  subject  was  brought  directly 
before  congress,  on  Friday,  the  seventh  of  June,  1776.  It  was 
discussed  very  fully  on  the  following  Saturday  and  Monday, 
and  we  have  already  mentioned,  that  after  the  debate  they 
came  to  the  determination  to  postpone  the  further  considera 
tion  of  it  until  the  first  of  July  following.  In  the  mean  while, 
however,  that  no  time  might  be  lost,  in  case  the  congress  should 
agree  thereto,  a  committee  was  appointed  to  prepare  a  decla 
ration,  "  That  these  United  Colonies  are,  and  of  right  ought 
to  be,  free  and  independent  states ;  that  they  are  absolved  from 


260  JEFFERSON. 

all  allegiance  to  the  British  crown ;  and  that  all  political 
connexion  between  them  and  the  state  of  Great  Britain  is, 
and  ought  to  be,  totally  dissolved." 

This  committee  consisted  of  Mr.  Jefferson,  Mr.  J.  Adams, 
Mr.  Franklin,  Mr.  Sherman,  and  Mr.  R.  R.  Livingston;  and 
to  Mr.  Jefferson,  the  chairman  of  the  committee,  was  ulti 
mately  assigned  the  important  duty  of  preparing  the  draught 
of  the  document,  for  the  formation  of  which  they  had  been  ap 
pointed. 

The  task  thus  devolved  on  Mr.  Jefferson,  was  of  no  ordi 
nary  magnitude;  and  required  the  exercise  of  no  common 
judgment  and  foresight.  The  act  \vas  one,  which  in  its  re 
sults,  would  operate  far  beyond  the  effects  of  the  moment  $  and 
which  was  to  indicate,  in  no  small  degree,  the  future  tone  of 
feeling,  and  the  great  course  of  policy  that  were  to  direct  the 
movements  of  a  new  and  extensive  empire.  Yet  it  was  on 
all  hands  surrounded  with  difficulty  and  danger — clouds  and 
darkness  rested  on  the  future— and  without  experience,  with 
out  resources,  and  without  friends,  they  were  entering  on  a 
wide  field,  with  nought  but  providence  for  their  guide.  Even 
the  feelings  of  the  nation,  the  very  feelings  which  prompted 
the  act,  were  to  be  examined  with  caution  and  relied  on  with 
distrust,  for  how  much  soever  they  might  be  the  primary 
cause,  and  however  powerfully  they  might  exist  at  the  moment, 
their  effect  would  have  ceased,  and  their  operation  would  be 
unknown,  at  that  period  when  the  principles  they  had  called 
forth  would  be  in  full  exercise.  Yet  all  this  caution  and  dis 
trust  was  to  be  exerted,  amid  the  excitement  of  passion,  the 
fluctuation  of  public  opinion,  and  the  headstrong  impetuosity, 
which  made  the  people,  whose  act  it  purported  to  be,  blind  to 
every  thing  but  their  own  wrongs,  and  the  deepest  emotions 
of  exasperation  and  revenge. 


JEFFERSON.  261 

It  was  an  act  which  at  once  involved  the  dearest  and  most 
vital  interests  of  the  whole  people.  It  overturned  systems  of 
government  long  established,  and  sacrificed  a  trade,  already 
amounting  annually  to  more  than  twenty  millions  of  dollars. 
By  it  the  whole  nation  was  to  stand  or  fall ;  it  was  a  step 
that  could  not  he  retraced  ;  a  pledge  involving  the  lives,  the 
fortunes,  and  the  honour  of  thousands,  which  must  be  redeem 
ed  at  the  deepest  cost  of  blood  and  treasure  ;  it  was  a  measure, 
supposed  to  be  viewed  unfavourably  by  a  very  large  propor 
tion  of  those  whose  interests  and  happiness  were  concerned  in 
it,  and,  as  such,  a  want  of  prudence  in  its  conduct,  as  well  as 
of  success  in  its  end,  would  be  attended  with  even  more  than 
ridicule  or  disgrace. 

Nor  was  it  in  America  alone,  that  its  effects  would  be  felt ; 
it  was  a  document  to  guide  other  nations  in  their  course  of 
policy,  to  turn  their  attention  to  our  situation,  in  which  there 
was  nothing  to  dazzle  and  little  to  interest,  and  to  bring  them 
if  possible  into  our  alliance.  As  such,  it  would  become  a 
matter  of  deep  reflection  by  prudent,  if  not  unfeeling  statesmen, 
far  removed  from  the  scene  of  action  ;  looking  upon  it  with 
out  passion  ;  and  forming  from  it  their  opinions  of  our  cha 
racter,  and  the  reliance  that  might  be  placed  on  us.  In  a 
word,  while  it  purported  to  be,  as  it  was,  the  offspring  of 
injuries  unatoned  for,  and  rights  wantonly  violated,  it  was  to 
bear  the  marks  of  calm  heroic  devotion,  and  to  show  us  ar 
dent  in  the  pursuit  and  preservation  of  our  rights,  but  cool 
and  deliberate  in  our  plans,  slow  in  undertaking  that  which 
was  attended  with  uncertainty  and  danger,  but,  once  con 
vinced  of  its  necessity,  undeviating  in  our  course,  and  fixed 
on  the  object  of  pursuit. 

It  presented  indeed  to  the  consideration  of  the  world,  an 
object  of  greater  magnitude  than  had  for  ages  engaged  its 


262  JEFFERSON, 

attention.  It  was  no  question  of  insulted  flags,  or  violated 
boundaries ;  no  matter  to  be  traced  through  the  labyrinths 
of  diplomacy,  or  to  be  settled  by  the  rules  of  court  etiquette. 
It  was  not  the  manifesto  of  an  ambitious  sovereign,  who  pro 
claims  to  the  world  in  loud  and  haughty  language,  a  long 
catalogue  of  imaginary  grievances,  to  form  a  pretext  for  the 
violation  of  plighted  faith,  and  the  last  resort  to  arms.  But 
it  was  the  manly  declaration  of  indignant  suffering  ;  the  result 
of  injury  protracted  beyond  endurance ;  the  just  appeal  to  the 
only  remedy  that  was  left,  after  every  milder  method  had 
been  tried  in  vain. 

To  frame  such  a  document,  was  the  effort  of  no  common 
mind.  That  of  Mr.  Jefferson  proved  fully  equal  to  the  task. 
His  labours  received  the  immediate  approbation  and  sanction 
of  the  committee ;  and  their  opinion  has  been  confirmed  by 
the  testimony  of  succeeding  years,  and  of  every  nation  where 
it  lias  been  known. 

On  the  twenty-eighth  of  June  the  Declaration  of  Indepen 
dence  was  presented  to  congress,  and  read;  on  the  first, 
second,  and  third  of  July  it  was  taken  into  very  full  con 
sideration  ;  and  on  the  fourth,  it  was  agreed  to  after  several 
alterations  and  considerahle  omissions  had  been  made  in  the 
draught,  as  it  was  first  framed  by  the  committee. 

The  declaration  in  its  original  form,  compared  with  that 
which  was  subsequently  given  to  the  world,  is  a  document 
of  much  interest,  and  seems  indeed  so  peculiarly  proper 
to  be  inserted  in  a  memoir  of  its  illustrious  author,  that 
we  subjoin  it;  marking  in  italics  the  words  which  were 
erased  by  congress,  and  introducing  between  brackets, 
the  additions  and  substitutions  that  were  made  before  it 
received  the  final  sanction  of  that  assembly.  It  is  as  fol 
lows. 


JEFFERSON.  263 

"  When  in  the  course  of  human  events,  it  becomes  neces 
sary  for  one  people  to  dissolve  the  political  bands  which 
have  connected  them  with  another,  and  to  assume  among  the 
powers  of  the  earth,  the  separate  and  equal  station  to  which 
the  laws  of  nature  and  of  nature's  God  entitle  them,  a  decent 
respect  to  the  opinions  of  mankind,  requires  that  they  should 
declare  the  causes  which  impel  them  to  the  separation. 

"  We  hold  these  truths  to  be  self  evident — that  all  men  are 
created  equal ;  that  they  are  endowed  by  their  creator  with 
[certain]  inherent  and  unn\\enah\e  rights;  that  amongst  these 
are  life,  liberty,  and  the  pursuit  of  happiness  ;  that  to  secure 
these  rights,  governments  are  instituted  among  men,  deriv 
ing  their  just  powers  from  the  consent  of  the  governed;  that, 
whenever  any  form  of  government  becomes  destructive  of 
these  ends,  it  is  the  right  of  the  people  to  alter  or  to  abolish  it, 
and  to  institute  a  new  government,  laying  its  foundation  on 
such  principles,  and  organizing  its  powers  in  such  form,  as  to 
them  shall  seem  most  likely  to  effect  their  safety  and  happi 
ness.  Prudence,  indeed,  will  dictate  that  governments  long 
established,  should  not  be  changed  for  light  and  transient 
causes;  and  accordingly,  all  experience  hath  shown,  that 
mankind  are  more  disposed  to  suffer  while  evils  are  suffer- 
able,  than  to  right  themselves  by  abolishing  the  forms  to 
which  they  are  accustomed.  But  when  a  long  train  of  abuses 
and  usurpations,  begun  at  a  distant  period  and  pursuing 
invariably  the  same  object,  evinces  a  design  to  reduce  them 
under  absolute  despotism,  it  is  their  right,  it  is  their  duty, 
to  throw  off  such  government,  and  to  provide  new  guards 
to  their  future  security.  Such  has  been  the  patient  sufferance 
of  these  colonies  ;  and  such  is  now  the  necessity  which  con 
strains  them  to  [alter]  expunge  their  former  systems  of  go 
vernment. 


264  JEFFERSON. 

"The  history  of  the  present  king  of  Great  Britain  is  a 
history  of  [repeated]  unremitting  injuries  and  usurpations, 
among  which  appears  no  solitary  fact  to  contradict  the  uni 
form  tenor  of  the  rest ;  but  all  have  [all  having,]  in  direct 
object,  the  establishment  of  an  absolute  tyranny  over  these 
states.  To  prove  this,  let  facts  be  submitted  to  a  candid 
world,  for  the  truth  of  which  we  pledge  a  faith  yet  unsullied 
by  falsehood. 

"  He  has  refused  his  assent  to  laws  the  most  wholesome 
and  necessary  for  the  public  good. 

"He  has  forbidden  his  governors  to  pass  laws  of  immediate 
and  pressing  importance,  unless  suspended  in  their  operation 
till  his  assent  should  be  obtained ;  and  when  so  suspended, 
he  has  utterly  neglected  to  attend  to  them. 

"He  has  refused  to  pass  other  laws  for  the  accommo 
dation  of  large  districts  of  people,  unless  those  people 
would  relinquish  the  right  of  representation  in  the  legis 
lature,  a  right  inestimable  to  them,  and  formidable  to  tyrants 
only. 

"  He  has  called  together  legislative  bodies  at  places  un 
usual,  uncomfortable,  and  distant  from  the  depository  of 
their  public  records,  for  the  sole  purpose  of  fatiguing  them 
into  compliance  with  his  measures. 

"He  has  dissolved  representative  houses  repeatedly  and 
continually,  for  opposing  with  manly  firmness  his  invasions 
on  the  rights  of  the  people. 

"  He  has  refused,  for  along  time  after  such  dissolutions,  to 
cause  others  to  be  elected ;  whereby  the  legislative  powers, 
incapable  of  annihilation,  have  returned  to  the  people  at 
large  for  their  exercise ;  the  state  remaining  in  the  mean  time 
exposed  to  all  the  danger  of  invasion  from  without,  and  con 
vulsions  within. 


JEFFERSON,  055 

"He  has  endeavoured  to  prevent  the  population  of  these 
states ;  for  that  purpose  obstructing  the  laws  for  naturaliza 
tion  of  foreigners,  refusing  to  pass  others  to  encourage  their 
migrations  hither,  and  raising  the  conditions  of  new  appro 
priations  of  lands. 

"He  has  suffered  [obstructed]  the  administration  of  justice 
totally  to  cease  in  some  of  these  states,  [by]  refusing  his  as 
sent  to  laws  for  establishing  judiciary  powers. 

"He  has  made  our  judges  dependent  on  his  will  alone  for 
the  tenure  of  their  offices,  and  the  amount  and  payment  of 
their  salaries. 

"He  has  erected  a  multitude  of  new  offices,  by  a  self  as- 
mmed  power,  and  sent  hither  swarms  of  officers  to  harass 
our  people,  and  eat  out  their  substance. 

"He  has  kept  among  us  in  times  of  peace,  standing 
armies  and  ships  of  war^  without  the  consent  of  our  legisla 
tures. 

"  He  has  affected  to  render  the  military  independent  of  and 
superior  to  the  civil  power. 

"  He  has  combined  with  others  to  subject  us  to  a  juris 
diction  foreign  to  our  constitution,  and  unacknowledged 
by  our  laws ;  giving  his  assent  to  their  acts  of  pretended 
legislation: 

"For  quartering  large  bodies  of  armed  troops  among  us: 

"For  protecting  them,  by  mock  trial,  from  punishment  for 
any  murders  which  they  should  commit  on  the  inhabitants  of 
these  states: 

"  For  cutting  off  our  trade  witb  all  parts  of  the  world: 

"For  imposing  taxes  on  us  without  our  consent: 

"For  depriving  us,  [in  many  cases,]  of  the  benefits- of 
trial  by  jury : 

VOL.  IV.— L  1 


JEFFERSON. 

"  For  transporting  us  beyond  seas  to  be  tried  for  preten 
ded  offences: 

"For  abolishing  the  free  system  of  English  laws  in  a  neigh 
bouring  province,  establishing  therein  an  arbitrary  govern 
ment,  and  enlarging  its  boundaries,  so  as  to  render  it  at  once 
an  example  and  fit  instrument  for  introducing  the  same  ab 
solute  rule  into  these  states  [colonies :] 

"  For  taking  away  our  charters,  abolishing  our  most  valua 
ble  laws,  and  altering  fundamentally  the  forms  of  our  govern 
ments  : 

"For  suspending  our  own  legislatures,  and  declaring  them 
selves  invested  with  power  to  legislate  for  us,  in  all  cases 
whatever  : 

"He  has  abdicated  government  here,  withdrawing  his  gover 
nors,  and  [by]  declaring  us  out  of  his  [allegiance  and]  pro 
tection,  [and  waging  war  against  us  :] 

"He  has  plundered  our  seas,  ravaged  our  coasts,  burnt  our 
towns,  and  destroyed  the  lives  of  our  people  : 

"  He  is  at  this  time  transporting  large  armies  of  foreign 
mercenaries  to  complete  the  works  of  death,  desolation,  and 
tyranny,  already  begun  with  circumstances  of  cruelty  and 
perfidy,  [scarcely  paralleled  in  the  most  barbarous  ages, 
and]  totally  unworthy  the  head  of  a  civilized  nation. 

"  He  has  endeavoured  to  bring  on  the  inhabitants  of  our 
frontiers,  the  merciless  Indian  savages,  whose  known  rule  of 
tvarfare  is  an  undistinguished  destruction  of  all  ages,  sexes , 
and  conditions  of  existence. 

"  He  has  incited  treasonable  insurrections  of  our  fellow 
citizens,  with  the  allurements  of  forfeiture  and  confiscation 
of  our  property. 

"  He  has  constrained  others,  taken  captives  on  the  high  seas, 
to  bear  arms  against  their  country*  to  become  the  executioner^ 


JEFFERSON.  267 

yf  their  friends  and  brethren,  or  to  fall  themselves  by  their 
hands. 

"  [He  has  constrained  our  fellow  citizens  taken  captive  on 
the  high  seas,  to  hear  arms  against  their  country,  to  hecome 
the  executioners  of  their  friends  and  brethren,  or  to  fall  them 
selves  by  their  hands.] 

"[He  has  excited  domestic  insurrections  amongst  us,  and 
has  endeavoured  to  bring  on  the  inhabitants  of  our  frontiers, 
the  merciless  Indian  savages,  whose  known  rule  of  warfare 
is  an  undistinguished  destruction  of  all  ages,  sexes,  and  con 
ditions.] 

"He  has  waged  cruel  war  against  human  nature  itself,  vio 
lating  its  most  sacred  rights  of  life  and  liberty  in  the  persons 
of  a  distant  people,  who  never  offended  him,  captivating  and 
carrying  them  into  slavery  in  another  hemisphere,  or  to 
incur  miserable  death  in  their  transportation  thither.  This 
piratical  warfare,  the  opprobrium  of  infidel  powers,  is 
the  warfare  of  a  Christian  king  of  Great  Britain.  Deter 
mined  to  keep  open  a  market  where  MEN  should  be  bought 
and  sold,  he  has  prostituted  his  negative  for  suppressing 
every  legislative  attempt  to  prohibit  or  restrain  this  exe 
crable  commerce  ;  and  that  this  assemblage  of  horrors  might 
want  no  fact  of  distinguished  dye,  he  is  now  exciting  those 
very  people  to  rise  in  arms  among  us,  and  to  purchase  that 
liberty  of  which  he  has  deprived  them,  by  murdering  the  peo 
ple  upon  whom  he  also  obtruded  them;  thus  paying  off  former 
crimes  committed  against  the  liberties  of  one  people,  with 
crimes  which  he  urges  them  to  commit  against  the  lives  of 
another. 

(t  In  every  stage  of  these  oppressions,  we  have  petitioned 
for  redress  in  the  most  humble  terms:  our  repeated  petitions 
have  been  answered  only  by  repeated  injury.  A  prince 


V5G8  JEFFERSON. 

\vhos£  character  is  thus  marked  by  every  act  which  may 
define  a  tyrant,  is  unfit  to  be  the  ruler  of  a  [free]  people 
who  mean  to  be  free.  Future  ages  will  scarce  believe  that  the 
hardiness  of  one  man  adventured,  within  the  short  compass  of 
twelve  years  only,  to  build  a  foundation  so  broad  and  undis 
guised,  for  tyranny  over  a  people  fostered  and  fixed  in  prin 
ciples  of  freedom. 

"Nor  have  we  been  wanting  in  attentions  to  our  British 
brethren.  We  have  warned  them  from  time  to  time,  of  at 
tempts  by  their  legislature  to  extend  a  jurisdiction  over  these 
our  states,  [to  extend  an  unwarrantable  jurisdiction  over  us.] 
We  have  reminded  them  of  the  circumstances  of  our  emigra 
tion  and  settlement  here,  no  one  of  which  could  warrant  so 
strange  a  pretension :  that  these  were  effected  at  the  expense 
of  our  own  blood  and  treasure,  unassisted  by  the  wealth  or 
the  strength  of  Great  Britain :  that  in  constituting  indeed 
our  several  forms  of  government ,  we  had  adopted  one  common 
king,  thereby  laying  a  foundation  for  perpetual  league  and 
amity  with  them:  but  that  submission  to  their  parliament 
was  no  part  of  our  constitution,  nor  ever  in  idea,  if  history 
may  be  credited;  and  we  [have]  appealed  to  their  native 
justice  and  magnanimity,  as  well  as  to  [and  we  have  con 
jured  them  by]  the  ties  of  our  common  kindred,  to  disavow 
these  usurpations,  which  were  likely  to  [would  inevitably] 
interrupt  our  connexions  and  correspondence.  They  too, 
have  been  deaf  to  the  voice  of  justice  and  of  consanguinity  : 
and  when  occasions  have  been  given  them  by  the  regular 
course  of  their  laws,  of  removing  from  their  councils,  the 
disturbers  of  our  harmony,  they  have  by  their  free  election 
re-established  them  in  power.  At  this  very  time  too,  they  are 
•permitting  their  chief  magistrate  to  send  over  not  only  soldiers 
of  our  common  blond,  but  Scotch  and  foreign  mercenaries  to 


JEFFERSON.  269 

Invade  and  destroy  us.  These  facts  have  given  the  last  stab 
to  agonizing  affection;  and  manly  spirit  bids  us  to  renounce 
forever  these  unfeeling  brethren.  We  must  endeavour  to  forget 
our  former  love  for  them,  and  to  hold  them  as  we  hold  the  rest 
of  mankind,  enemies  in  ivar,  in  peace  friends.  We  might  have 
been  a  free  and  a  great  people  together  ;  but  a  communication 
of  grandeur  and  of  freedom  it  seems,  is  belotv  their  dignity. 
Be  it  so.,  since  they  tvill  have  it.  The  road  to  happiness  and 
to  glory  is  open  to  us  too:  we  will  climb  it  apart  from  them, 
and  acquiesce  in  the  necessity  which  denounces  our  eternal 
separation.  [We  must  therefore  acquiesce  in  the  necessity, 
which  denounces  our  separation,  and  hold  them,  as  we  hold 
the  rest  of  mankind,  enemies  in  war,  in  peace  friends.] 

"  We,  therefore,  the  representatives  of  the  UNITED  STATES 
OF  AMERICA,  IN  GENERAL  CONGRESS  ASSEMBLED,  [appeal 
ing  to  the  supreme  judge  of  the  world  for  the  rectitude  of  our 
intentions]  do  in  the  name,  and  by  the  authority  of  the  good 
people  of  these  states  [colonies,]  reject  and  renounce  all  al 
legiance  and  subjection  to  the  kings  of  Great  Britain,  and 
all  others,  who  may  hereafter  claim  by,  through,  or  under 
them  ;  we  utterly  dissolve  all  political  connexion  which  may 
heretofore  have  subsisted  between  us  and  the  parliament  of 
Great  Britain  ;  and  finally  we  do  assert  [solemnly  puhlish 
and  declare]  that  these  United  Colonies  are,  [and  of  right 
ought  to  he,]  free  and  independent  states ;  [that  they  are  ab 
solved  from  all  allegiance  to  the  British  crown,  and  that  all 
political  connexion  between  them  and  the  state  of  Great  Bri 
tain  is,  and  ought  to  be,  totally  dissolved,]  and  that  as  free 
and  independent  states,  they  have  full  power  to  levy  war, 
conclude  peace,  contract  alliances,  establish  commerce,  and 
to  do  all  other  acts  and  things  which  independent  states  may 
of  right  do.  And  for  the  support  of  this  Declaration,  [with 


JEFFERSON. 

a  firm  reliance  on  DIVINE  PROVIDENCE,]  we  mutually 
pledge  to  each  other,  our  lives,  our  fortunes,  and  our  sacred 
honour." 

It  has  heen  mentioned  in  the  life  of  Richard  Henry  Lee. 
that,  as  the  original  mover  of  the  resolution  for  indepen 
dence,  the  usage  of  deliberative  assemblies  would  have  assign 
ed  to  him,  the  duty  of  preparing  the  declaration,  had  he  not 
been  absent.  This  circumstance,  united  with  a  feeling  of 
true  regard,  and  a  long  co-operation  in  bringing  about  the 
great  result,  induced  Mr.  Jefferson  to  send  Mr.  Lee  a  copy  of 
the  original  draught  as  well  as  of  the  amendments  made  by 
congress ;  these  he  accompanied  with  a  letter,  dated  the  eighth 
of  July,  1776,  in  which  he  says  : 

46  Dear  Sir — For  news,  I  refer  you  to  your  brother,  who 
writes  on  that  head.  I  enclose  you  a  copy  of  the  Declaration 
of  Independence,  as  agreed  to  by  the  house,  and  also  as  ori 
ginally  framed  :  you  will  judge  whether  it  is  the  better  or 
worse  for  the  critics.  I  shall  return  to  Virginia  after  the 
eleventh  of  August.  I  wish  my  successor  may  be  certain  to 
come  before  that  time  :  in  that  case,  I  shall  hope  to  see  you, 
and  not  \Vythe,  in  convention,  that  the  business  of  govern 
ment,  which  is  of  everlasting  concern,  may  receive  your  aid. 
Adieu,  and  believe  me  to  be,  &c." 

During  the  summer  of  this  year,  1776,  Mr.  Jefferson  took 
an  active  part  in  the  deliberations  and  business  of  congress; 
his  name  appears  on  the  journals  of  the  house  very  often, 
and  he  was  a  member  of  several  highly  important  committees. 
Being  obliged  however  to  return  to  Virginia,  he  was  during 
his  absence  appointed,  in  conjunction  with  Dr.  Franklin 
and  Mr.  Deane,  a  commissioner  to  the  court  of  France,  for 


JEFFERSON.  271 

the  purpose  of  arranging  with  that  nation  a  measure,  now 
become  of  vital  necessity,  the  formation  of  treaties  of  alli 
ance  and  commerce.  But  owing  at  once  to  his  ill  health, 
the  situation  of  his  family,  and  the  embarrassed  position  of 
public  affairs,  especially  in  his  own  state,  he  was  convinced 
that  to  remain  in  America,  would  be  more  useful  than  to  go 
abroad  ;  and  in  a  letter  to  congress  of  the  eleventh  of  Octo 
ber,  he  declined  the  appointment. 

From  this  period,  during  the  remainder  of  the  revolu 
tionary  war,  Mr.  Jefferson  chiefly  devoted  himself  to  the 
service  of  his  own  state.  In  June  he  had  been  a  third  time 
elected  a  delegate  to  congress,  but  in  October  following,  he 
resigned  his  situation  in  that  body,  and  was  succeeded  by 
Benjamin  Harrison.  The  object  which  now  chiefly  engaged 
him  was  the  improvement  of  the  civil  government  of  Vir 
ginia.  In  May  preceding,  immediately  on  the  disorganiza 
tion  of  the  colonial  system,  the  convention  assembled  at 
Williamsburg,  had  turned  their  attention  to  the  formation  of 
a  new  plan  of  government ;  and  with  a  haste,  which  bespeaks 
rather  the  ardour  of  a  zealous  and  oppressed  people  for  the 
assertion  of  their  own  rights,  than  the  calmness  and  delibera 
tion  that  should  attend  an  act,  in  which  their  future  welfare 
was  so  deeply  involved,  they  adopted  their  constitution  in 
the  following  month.  Mr.  Jefferson  was  at  this  time  absent 
in  Philadelphia,  a  delegate  to  congress ;  foreseeing  the  in 
evitable  result  of  the  contest  between  the  colonies  and  the 
mother  country,  he  had  for  a  long  while  devoted  much  reflec 
tion  and  research  to  maturing  a  plan  for  a  new  government, 
and  had  already  formed  one,  on  the  purest  principles  of  re 
publicanism.  This  draught  he  transmitted  to  the  conven 
tion  ;  but  unfortunately,  the  one  that  they  had  hastily  fram 
ed,  had  received  a  final  vote  on  the  day  it  reached  Williams- 


272  JEFFERSON. 

burg.  The  debate  had  already  been  ardent  and  protracted, 
the  members  were  wearied  and  exhausted,  and  after  making 
a  few  alterations,  and  adopting  entire  the  masterly  preamble 
which  Mr.  Jefferson  had  prefixed,  it  was  thought  expedient 
for  the  present  to  adhere  to  the  original  plan,  imperfect  as 
on  all  hands  it  was  acknowledged  to  be. 

The  extremes  of  right  and  wrong  are  said  very  closely  to 
approach  each  other.  An  incident  in  the  political  history  of 
Virginia,  does  not  invalidate  the  maxim.  In  June,  this 
constitution  had  been  adopted,  breathing  in  every  article  the 
most  vehement  spirit  of  equal  rights,  and  established  on  the 
downfall  of  arbitrary  rule.  In  the  following  December,  a 
serious  proposition  was  made  to  establish  a  dictator,  "  in 
vested  with  every  power,  legislative,  executive,  and  judiciary, 
civil  and  military,  of  life  and  of  death,  over  our  persons  and 
over  our  properties."  To  the  wise  and  good  of  every  party, 
such  a  scheme  could  not  but  appear  as  absurd  as  it  was  dan 
gerous.  In  Mr.  Jefferson  it  found  a  ready  and  successful  oppo 
nent  at  the  time,  and  he  has  devoted  to  its  consideration  and 
censure,  a  few  pages  of  his  later  works. 

A  wiser  plan  was  adopted  to  relieve  the  state  from  its  dif 
ficulties,  by  a  careful  revision  of  its  laws.  A  commission 
was  appointed  for  this  purpose,  consisting  of  Thomas  Jeffer 
son,  Edmund  Pendleton,  George  Wythe,  George  Mason, 
and  Thomas  Ludwell  Lee,  who  employed  themselves  zealous 
ly  in  their  task,  from  the  commencement  of  the  year  1777, 
to  the  middle  of  1779.  In  that  period  it  is  said,,  their  in 
dustry  and  zeal  prepared  no  less  than  one  hundred  and 
twenty-six  bills,  from  which  are  derived  all  the  most  liberal 
features  of  the  existing  laws  of  the  commonwealth.  The 
method  they  pursued  was  marked  with  prudence  and  intelli 
gence.  It  is  thus  described  by  Mr.  Jefferson  himself. 


JEFFERSON.  273 

"  The  plan  of  the  rcvisal  was  this.  The  common  law  of 
England,  by  which  is  meant  that  part  of  the  English  law 
which  was  anterior  to  the  date  of  the  oldest  statutes  extant, 
is  made  the  hasis  of  the  work.  It  was  thought  dangerous  to 
attempt  to  reduce  it  to  a  text :  it  was  therefore  left  to  be  col 
lected  from  the  usual  monuments  of  it.  Necessary  altera 
tions  in  that,  and  so  much  of  the  whole  body  of  the  British 
statutes,  and  of  acts  of  assembly,  as  were  thought  proper  to 
be  retained,  were  digested  into  a  hundred  and  twenty-six 
new  acts,  in  which  simplicity  of  style  was  aimed  at,  as  far 
as  was  safe." 

In  the  account  which  Mr.  Jefferson  has  given  of  this  re- 
visal  of  the  laws  of  Virginia,  he  has,  with  the  modesty  of 
true  greatness,  suppressed  every  word^  which  could  indicate 
his  own  participation  in  an  employment  so  highly  honour 
able.  But  it  is  the  duty  of  those  who  record  the  actions  of 
the  great,  to  point  out  that  which  their  own  modesty  would 
conceal.  Of  the  five  commissioners,  two,  George  Mason  and 
Thomas  Ludwell  Lee,  took  no  part  in  the  execution  of  the 
task,  except  in  a  consultative  meeting  preliminary  to  the  as 
signment  of  the  respective  portions  of  the  duty  to  the  three 
others.  As  regards  Mr.  Jefferson  it  should  be  mentioned, 
that  in  addition  to  the  prominent  and  laborious  share  which 
he  undertook  in  the  general  revision,  Virginia  owes  to  his 
enlightened  mind  alone,  the  most  important  and  beneficial 
changes  in  her  code.  The  laws  forbidding  the  future  impor 
tation  of  slaves ;  converting  estates  tail  into  fees  simple ; 
annulling  the  rights  of  primogeniture ;  establishing  schools 
for  general  education ;  sanctioning  the  right  of  expatriation ; 
and  confirming  the  rights  of  freedom  in  religious  opinion, 
were  all  introduced  by  him,  and  were  adopted  at  the  time 
they  were  first  proposed,  or  at  a  subsequent  period ;  in  addi- 
VOL.  IV.— M  m 


274  JEFFERSON. 

tion  to  these,  he  brouglit  forward  a  law  proportioning  crimes 
and  punishments,  which  was  afterwards  passed  under  a  dif 
ferent  modification. 

To  enter  into  the  details  of  these  laws,  would  lead  us 
from  the  ohject  as  it  would  far  exceed  the  limits  of  this 
slight  sketch ;  yet  to  the  lawyer  and  politician,  they  may 
be  recommended  as  containing  many  inval  uble  lessons  in 
legal  and  political  science,  and  to  those  \vho  have  heen 
accustomed  to  view  this  great  statesman  rather  as  author  the 
of  ingenious  theories,  than  a  lawgiver  skilled  in  the  practical 
details  of  government,  and  the  useful  application  of  laws  to 
the  great  exigencies  of  civil  society,  they  will  speak  more 
than  the  most  lahoured  panegyric. 

Nor  was  it  in  public,  duties  alone  that  Mr.  Jefferson  was 
employed ;  with  a  zeal  alike  honourable  and  useful,  lie  de 
voted  his  attention  to  the  personal  welfare  of  those  of  the 
enemy,  whom  the  chances  of  war  had  placed  within  his 
reach.  It  will  be  recollected,  that  congress  had  deemed  it 
prudent  to  retain  in  America,  the  troops  who  had  surren 
dered  at  Saratoga,  until  an  authentic  ratification  of  the  con- 
vention,  entered  into  by  the  British  general,  should  bo 
obtained  from  his  government.  In  the  mean  time  it  was 
thought  expedient,  to  remove  them  into  the  interior  of 
the  country,  and  the  neighbourhood  of  Charlottesvillc, 
in  Virginia,  was  selected  as  the  place  of  their  destination. 

There  they  arrived  early  in  the  year  1779.  The  winter 
was  uncommonly  severe ;  the  barracks  unfinished  for  want 
of  labourers ;  no  sufficient  stores  of  bread  laid  in  ;  and  the 
roads  rendered  impassable  by  the  inclemency  of  the  weather, 
and  the  number  of  wagons  which  had  lately  traversed  them. 
Mr.  Jefferson,  aided  by  Mr.  Hawkins  the  commissary  gene 
ral,  and  the  benevolent  dispositions  of  his  fellow  citizens, 


JEFFERSON.  275 

adopted  every  plan  to  alleviate  the  distresses  of  the  troops, 
and  to  soften  as  much  as  possible  the  hardships  of  captivity. 
Their  efforts  were  attended  with  success.  The  officers  who 
were  able  to  command  money,  rented  houses  and  small  farms 
in  the  neighbourhood,  while  the  soldiers  enlarged  the  bar 
racks  and  improved  their  accommodations,  so  as  in  a  short 
time  to  form  a  little  community,  flourishing  and  happy. 
These  arrangements  had  scarcely  been  completed,  when,  in 
consequence  of  some  powers  lodged  in  them  by  congress,  the 
governor  and  council  of  Virginia  determined  to  remove  the 
prisoners  to  another  part  of  the  state ;  this  intention  was 
heard  by  the  captives  themselves  with  distress,  and  by  those 
amongst  whom  they  were  settled,  with  regret.  Mr.  Jefferson 
immediately  addressed  a  letter  to  governor  Henry,  in  which 
he  stated  in  strong  and  glowing  language,  the  impolicy  and 
impropriety  of  such  a  measure.  His  appeal  was  successful, 
and  the  troops  were  permitted  to  remain.  Indeed  his  hospi 
tality  and  generous  politeness  to  these  unfortunate  strangers, 
was  such  as  to  secure  their  lasting  friendship  and  esteem. 
From  them  he  re*ceh?cd  many  letters,  expressing  the  warmth 
of  their  attachment  and  gratitude;  and  in  his  subsequent  tra 
vels  through  Europe,  when  chance  again  threw  him  into  their 
society,  they  loaded  him  with  civility  and  kindness,  and  spoke 
to  their  countrymen  in  warm  terms  of  the  hospitality  of  Vir 
ginia.  When  about  to  leave  Charlottes ville,  the  principal  offi 
cers  wrote  to  him,  to  renew  their  thanks,  and  to  bid  him  adieu ; 
the  answer  of  Mr.  Jefferson  to  one  of  them  has  been  preserved. 
"The  little  attentions,"  he  says,  "you  are  pleased  to  mag 
nify  so  much,  never  deserved  a  mention  or  a  thought.  Opposed 
as  we  happen  to  be  in  our  sentiments  of  duty  and  honour,  and 
anxious  for  contrary  events,  I  shall,  nevertheless,  sincerely  re 
joice  in  every  circumstance  of  happiness  and  safety  which  may 


276  JEFFERSON. 

attend  you  personally."  To  another  of  them  he  thus  wrote  ^ 
"  The  very  small  amusements  which  it  has  heen  in  my  power 
to  furnish,  in  order  to  lighten  your  heavy  hours,  by  no  means 
merited  the  acknowledgments  you  make.  Their  impression 
must  be  ascribed  to  your  extreme  sensibility  rather  than  to 
their  own  weight.  When  the  course  of  events  shall  have 
removed  you  to  distant  scenes  of  action,  where  laurels  not 
moistened  with  the  blood  of  my  country,  may  be  gathered,  I 
shall  urge  my  sincere  prayers  for  your  obtaining  every  honour 
and  preferment  which  may  gladden  the  heart  of  a  soldier. 
On  the  other  hand,  should  your  fondness  for  philosophy  re 
sume  its  merited  ascendency,  is  it  impossible  to  hope  that 
this  unexplored  country  may  tempt  your  residence,  by  hold 
ing  out  materials  wherewith  to  build  a  fame,  founded  on  the 
happiness,  and  not  on  the  calamities  of  human  nature?  Be 
this  as  it  may,  a  philosopher  or  a  soldier,  I  wish  you  person 
ally  many  felicities." 

On  the  first  of  June,  1779,  the  term  for  which  Mr.  Henry  P 
the  first  republican  governor  of  Virginia,  had  been  chosen, 
having  expired,  Mr.  Jefferson  was  elected  to  fill  that  office. 
The  time  was  one  at  which  its.  duties  had  become  arduous 
and  difficult;  it  was  at  that  period  of  the  war,  when  the 
British  government,  exasperated  by  the  long  protraction 
of  hostilities,  and  goaded  by  their  continual  defeats,  had  in 
creased  the  usual  horrors  of  warfare,  by  the  persecution  of 
the  wretched  prisoners  who  fell  into  their  hands.  The 
governor  of  Virginia,  among  others,  promptly  expressed  his 
determination  to  adopt,  as  the  only  resource  against  a  system 
of  warfare  so  barbarous  and  unheard  of,  a  retaliation  on  the 
British  prisoners  in  his  power.  "I  shall  give  immediate 
orders,"  he  says,  in  a  letter  to  general  Washington,  "for 
having  in  readiness  every  tigine,  which  the  enemy  have 


JEFFERSON.  277 

contrived  for  the  destruction  of  our  unhappy  citizens,  capti 
vated  by  them.  The  presentiment  of  these  operations  is 
shocking  beyond  expression.  I  pray  heaven  to  avert  them; 
hut  nothing  in  this  world  will  do  with  such  an  enemy  but 
proper  firmness  arid  decision!"  This  course,  for  a  short 
time,  produced  on  the  part  of  the  enemy  an  excess  of  cruelty, 
especially  against  the  officers  and  soldiers  of  Virginia;  it 
was,  however,  without  avail ;  the  measure  was  the  last  re 
sort,  brought  on  by  a  long  course  of  unfeeling  conduct,  and 
the  only  remedy  that  was  left.  "There  is  nothing"  said  the 
governor  in  a  letter  to  one  of  the  prisoners,  "you  may  he 
assured,  consistent  with  the  honour  of  your  country,  which 
we  shall  not  at  all  times,  be  ready  to  do  for  the  relief  of 
yourself  and  companions  in  captivity.  We  know  that  ardent 
spirit  and  hatred  for  tyranny,  which  brought  you  into  your 
present  situation,  will  enable  you  to  bear  against  it  with  the 
firmness  which  has  distinguished  you  as  a  soldier,  and  to 
look  forward  with  pleasure  to  the  day  when  events  shall 
take  place,  against  which  the  wounded  pride  of  your  enemies 
will  find  no  comfort,  even  from  reflections  on  the  most  refined 
of  the  cruelties  with  which  they  have  glutted  themselves." 
The  policy  of  the  measure  was  proved  by  its  ultimate  suc 
cess;  and  the  British  government,  when  taught  by  experi 
ence,  acknowledged  the  correctness  of  a  principle  they  had 
refused  to  listen  to,  when  urged  only  by  the  dictates  of  hu 
manity  and  the  usages  of  civilized  society. 

In  the  year  1780,  Virginia,  which  had  hitherto  been  dis 
tant  from  the  seat  of  actual  warfare,  was  threatened  with 
invasion  from  the  south.  In  the  spring,  the  ferocious  Tarle- 
ton  had  made  his  appearance  on  her  southern  borders, 
marking  his  path  with  unusual  barbarity.  Immediately  after 
him,  followed  the  main  army  under  lord  Cornwallis.  It  was 


278  JEFFERSON. 

then  time  for  Virginia  to  exert  herself.  Troops  were  rapidly 
raised  and  sent  off  to  the  south,  artillery  and  ammunition 
were  collected,  lines  of  communication  established,  and  every 
preparation  made  to  meet  the  enemy.  It  is  needless  to  re 
mark,  that  all  the  former  habits  and  pursuits  of  the  governor, 
had  been  of  a  kind  little  likely  to  fit  him  for  military  com 
mand  ;  but  aware  of  the  importance  of  energy  and  exertion, 
at  such  a  crisis,  he  bent  his  mind  to  the  new  task  which  for 
tune  had  thrown  upon  him,  with  alacrity  and  ardour.  "  Our 
intelligence  from  the  southward,"  he  writes  to  general 
Washington,  on  the  eleventh  June,  "is  most  lamentably 
defective.  Though  Charleston  has  now  been  in  the  hands  of 
the  enemy  a  month,  we  hear  nothing  of  their  movements, 
which  can  be  relied  upon.  Rumours  say  that  they  are  pene 
trating  northward.  To  remedy  this  defect,  I  shall  imme 
diately  establish  a  line  of  expresses  from  hence  to  the 
neighbourhood  of  their  army,  and  send  thither  a  sensible, 
judicious  person,  to  give  us  information  of  their  movements. 
This  intelligence  will,  I  hope,  be  conveyed  at  the  rate  of  one 
hundred  and  twenty  miles  in  the  twenty-four  hours.  They  set 
out  to  their  stations  to-morrow.  I  wish  it  were  possible  that 
a  like  speedy  line  of  communication  could  be  formed,  from 
hence  to  your  excellency's  head  quarters.  Perfect  and  speedy 
information  of  what  is  passing  in  the  south,  might  put  it  in 
your  power  perhaps  to  frame  your  measures  by  theirs.  There 
is  really  nothing  to  oppose  the  progress  of  the  enemy  north 
ward,  but  the  cautious  principle  of  the  military  art.  North 
Carolina  is  without  arms.  They  do  not  abound  with  us. 
Those  we  have  are  freely  imparted  to  them  ;  but  such  is  the 
state  of  their  resources  that  they  have  not  been  able  to  move 
a  single  musket  from  this  state  to  theirs.  All  the  wagons  we 
can  collect  here,  have  been  furnished  to  the  Baron  De  Kalb, 


JEFFERSON.  279 

and  are  assembled  for  the  march  of  two  thousand  five  hundred 
men  under  general  Stevens,  of  Cu! pepper,  who  will  move  on 
the  nineteenth  instant.  I  have  written  to  congress  to  hasten 
supplies  of  arms  and  military  stores  for  the  southern  states, 
and  particularly  to  aid  us  with  cartridge  paper  and  hoxes, 
the  want  of  which  articles,  small  as  they  are,  renders  our 
stores  useless.  The  want  of  money  cramps  every  effort. 
This  will  be  supplied  by  the  most  unpalatable  of  all  substi 
tutes,  force.  Your  excellency  will  readily  conceive,  that  after 
the  loss  of  one  army,  our  eyes  are  turned  towards  the  other, 
and  that  we  comfort  ourselves  with  the  hope,  that  if  any 
aids  can  be  furnished  by  you,  without  defeating  operations 
more  beneficial  to  the  union,  they  will  be  furnished.  At  the 
same  time,  I  am  happy  to  find  that  the  wishes  of  the  people 
go  no  further,  as  far  as  I  have  an  opportunity  of  learning 
their  sentiments.  Could  arms  be  furnished,  I  think  this  state 
and  North  Carolina  would  embody  from  ten  to  fifteen  thou 
sand  militia  immediately,  and  more,  if  necessary.  I  hope 
ere  long  to  be  able  to  give  you  a  more  certain  statement  of 
the  enemy's,  as  well  as  our  own  situation." 

The  legislature,  becoming  fully  aware  of  their  danger, 
adopted  the  most  vigorous  measures  for  the  increase  and 
support  of  the  southern  army.  They  conferred  on  the  go 
vernor  new  and  extraordinary  powers;  and  that  officer 
exerted  himself  in  every  mode,  which  ingenuity  could  sug 
gest,  to  ward  off  the  approaching  danger. 

While  however  all  eyes  were  turned  to  the  south,  a  sudden 
attack  in  another  quarter  was  the  more  disastrous,  as  it  was 
the  less  expected. 

Arnold,  whose  treachery  seems  to  have  increased  the 
natural  daring  and  recklessness  of  his  temper,  aware  of  the 
unprotected  situation  of  Virginia  on  the  sea  board,  formed  a 


280  JEFFERSON. 

plan  for  an  attack  on  that  quarter.  He  set  sail  from  New 
York,  with  sixteen  hundred  men,  and  supported  by  a  number 
of  armed  vessels,  ascended  James  river,  and  landed  about 
fifteen  miles  below  Richmond.  All  the  militia  of  the  state, 
that  could  be  supplied  with  arms,  had  been  already  called 
out,  and  placed  in  the  neighbourhood  of  Williamsburg,  under 
the  orders  of  general  Nelson.  This  event  seemed  to  leave 
the  governor  almost  without  resource;  he  saw  the  enemy, 
within  a  few  miles  of  the  capital  of  the  state,  which  was  en 
tirely  undefended ;  he  collected  hastily  about  two  hundred 
half  armed  militia,  whom  he  placed  under  the  command  of 
baron  Steuben,  for  the  purpose  of  protecting  the  removal  of 
the  records  and  military  stores  across  James  river;  he 
superintended  their  movements  in  person  with  the  utmost 
zeal,  courage,  and  prudence  ;  and  he  was  seen  coolly  issuing 
his  orders,  until  the  enemy  had  actually  entered  the  lower 
part  of  the  town,  and  begun  to  flank  it  with  their  light 
horse. 

Although  Arnold  had  thus  succeeded  in  plundering  and  lay 
ing  waste  the  country,  the  governor  determined,  if  possible, 
that  the  traitor  should  not  escape  with  impunity  ;  he  believed 
that  a  plan  for  his  capture,  prudently  formed,  and  boldly  ex 
ecuted,  would  be  attended  with  success ;  this  scheme  he  ex 
plains  in  a  letter,  written  to  general  Muhlenberg,  on  the 
thirty-first  of  January,  as  follows  : 

"  Sir, — Acquainted  as  you  are  with  the  treasons  of  Arnold, 
I  need  say  nothing  for  your  information,  or  to  give  you  a 
proper  sentiment  of  them.  You  will  readily  suppose  that  it 
is  above  all  things  desirable  to  drag  him  from  those,  under 
whose  wing  he  is  now  sheltered.  On  his  march  to  and  from 
this  place,  I  am  certain  it  might  have  been  done  with  facility, 
by  men  of  enterprise  and  firmness.  I  think  it  may  still  be 


JEFFERSON.  281 

done,  though  perhaps  not  quite  so  easily.  Having  peculiar 
confidence  in  the  men  from  the  western  side  of  the  mountains, 
I  meant,  as  soon  as  they  should  come  down,  to  get  the  enter 
prise  proposed  to  a  chosen  numher  of  them,  such  whose  cou 
rage  and  whose  fidelity  would  be  above  all  doubt.  Your 
perfect  knowledge  of  those  men  personally,  and  my  confidence 
in  your  discretion,  induce  me  to  ask  you  to  pick  from  among 
them,  proper  characters,  in  such  numbers  as  you  think  best, 
to  reveal  to  them  our  desire,  and  engage  them  to  undertake  to 
seize  and  bring  off  this  greatest  of  all  traitors.  Whether  this 
may  be  best  effected  by  their  going  in  as  friends,  and  awaiting 
their  opportunity,  or  otherwise,  is  left  to  themselves.  The 
smaller  the  number  the  better,  so  that  they  may  be  sufficient  to 
manage  him.  Every  necessary  caution  must  be  used  on  their 
part,  to  prevent  a  disco  very  of  their  design  by  the  enemy.  I  will 
undertake,  if  they  are  successful  in  bringing  him  off  alive, 
that  they  shall  receive  five  thousand  guineas  reward  among 
them  ;  and  to  men  formed  for  such  an  enterprise,  it  must  be 
a  great  incitement  to  know  that  their  names  will  be  recorded 
with  glory  in  history,  with  those  of  Vanwert,  Paulding  and 
Williams.  The  enclosed  order  from  Baron  Steuben  will  au 
thorize  you  to  call  for,  and  to  dispose  of  any  force  you  may 
think  necessary  to  place  in  readiness,  for  covering  the  enter 
prise  and  securing  the  retreat  of  the  party.  Mr.  Newton, 
the  bearer  of  this,  and  to  whom  its  contents  are  communi 
cated  in  confidence,  will  provide  men  of  trust,  to  go  as 
guides.  These  may  be  associated  in  the  enterprise,  or  not, 
as  you  please ;  but  let  the  point  be  previously  settled,  that 
no  difficulty  may  arise  as  to  the  parties  entitled  to  participate 
in  the  reward.  You  know  how  necessary  profound  secrecy 
is  in  this  business,  even  if  it  be  not  undertaken. "  Men  were 
found  without  difficulty,  bold  enough  and  ready  to  undertake 
VOL.  IV.— N  n 


282  JEFFERSON. 

this  scheme  ;  but  it  was  rendered  unavailing  by  the  caution^ 
prudence  of  Arnold,  who  avoided  every  exposure  to  such  a 
danger. 

Frustrated  in  this  plan,  the  governor  turned  his  attention 
to  another,  on  a  bolder  scale,  in  which  he  was  to  be  aided  by 
general  Washington  and  the  French  fleet.  The  latter,  then 
at  Rhode  Island,  were  to  sail  immediately  for  James  river,  to 
prevent  the  escape  of  the  enemy  by  sea,  while  a  large  body  of 
troops  should  be  collected  on  shore,  for  the  purpose  of  block 
ading  them,  and  ultimately  compelling  a  surrender.  On  the 
eighth  of  March,  Mr.  Jefferson  thus  writes  to  the  commander 
in  chief :  "  We  have  made  on  our  part,  every  preparation 
which  we  were  able  to  make.  The  militia  proposed  to  ope 
rate,  will  be  upwards  of  four  thousand  from  this  state,  and 
one  thousand  or  twelve  hundred  from  Carolina,  said  to  be 
under  general  Gregory.  The  enemy  are  at  this  time,  in  a 
great  measure,  blockaded  by  land,  there  being  a  force  on  the 
east  side  of  Elizabeth  river.  They  suffer  for  provisions,  as 
they  are  afraid  to  venture  far,  lest  the  French  squadron 
should  be  in  the  neighbourhood,  and  come  upon  them.  Were 
it  possible  to  block  up  the  river,  a  little  time  would  suffice  to 
reduce  them  by  want  and  desertions  ;  and  would  be  more 
sure  in  its  event  than  any  attempt  by  storm."  The  French 
fleet,  however,  encountered,  on  their  arrival  at  the  Chesa 
peake  a  British  squadron  of  equal,  if  not  superior  force,  by 
which  they  were  driven  back ;  by  these  means  the  plan  was 
defeated,  and  Arnold  again  escaped. 

The  disasters  of  Virginia,  and  the  difficulties  of  the  go 
vernor,  however,  were  not  yet  at  an  end.  Arnold  had 
scarcely  left  the  coast,  when  Cornwallis  entered  the  state  on 
the  southern  frontier.  Never  was  a  country  less  prepared 
to  repel  invasion  ;  her  troops  had  been  drawn  off  to  distant 


JEFFERSON.  283 

quarters,  her  resources  had  been  exhausted  to  supply  other 
states,  and  she  was  alike  destitute  of  military  stores,  and  of 
funds  to  obtain  them.  The  whole  burden  of  affairs,  too,  had 
been  thrown  on  the  governor ;  the  legislature  had  hastily 
adjourned,  on  the  invasion  of  Arnold  in  January,  to  meet 
again  at  Charlottesville  on  the  twenty-fourth  of  May;  in  the 
mean  time  he  had  no  resource,  but  to  make  the  best  of  the 
means  which  providence  had  given  him,  and  to  depend  on 
that  good  fortune  which  had  already  so  often  befriended  his 
country,  at  moments  the  most  gloomy  and  unpromising.  To 
resist  invasion,  the  militia  was  his  only  force;  and  the  resort 
even  to  this,  was  limited  by  the  deficiency  of  arms.  He  used 
every  effort,  however,  to  increase  its  efiicacy.  When  it 
was  sent  into  the  field,  he  called  into  service  a  number  of 
officers  who  had  resigned,  or  been  thrown  out  of  public  em 
ployment  by  reductions  of  continental  regiments  for  want  of 
men,  and  gave  them  commands;  an  expedient,  which,  to 
gether  with  the  aid  of  the  old  soldiers  scattered  in  the  ranks, 
produced  a  sudden  and  highly  useful  degree  of  skill,  dis 
cipline,  and  subordination.  Men  were  draughted  for  the 
regular  regiments,  and  considerable  detachments  of  the 
militia  were  sent  to  the  south,  and  a  number  of  horses,  essen 
tially  necessary,  were  rapidly  obtained  by  an  expedient  of 
Mr.  Jefferson's.  Instead  of  using  a  mercenary  agency,  he 
wrote  to  an  individual,  generally  a  member  of  assembly,  in 
each  of  the  counties  where  they  were  to  be  had,  to  purchase 
a  specified  number  with  the  then  expiring  paper  money.  This 
expedient  met  with  a  success  highly  important  to  the  common 
cause.  Nor  was  it  sufficient  to  protect  his  own  state  alone; 
aid  was  demanded  for  the  Carolinas,  and  this,  though  in 
creasing  the  destitution  and  distress  at  home,  was  furnished 
to  a  very  considerable  extent.  At  length,  however,  exhausted 


284  JEFFERSON. 

by  he  refforts  to  aid  her  sister  states,  almost  stript  of  arms, 
without  money,  and  harassed  on  the  east  and  on  the  west 
with  formidable  invasions,  Virginia  appeared  at  last  without 
resource. 

In  this  state  of  things,  the  twenty-fourth  of  May  arrived, 
but  it  was  not  until  the  twenty-eighth  that  the  legislature 
was  formed  at  Charlottesville,  to  proceed  to  business.  On 
that  day  the  governor  addressed  the  following  letter  to  the 
commander  in  chief;  the  general  view  which  it  presents  of 
the  situation  of  the  state,  and  the  personal  feelings  of  Mr. 
Jefferson,  give  it  an  importance,  more  than  sufficient  to  com 
pensate  for  its  length. 

"  I  have  just  been  advised,"  he  writes  on  the  twenty-eighth 
of  May,  "that  the  British  have  evacuated  Petersburg,  been 
joined  by  a  consider  able  re-enforcement  from  New  York,  and 
crossed  James  river  at  Westover.  They  were,  on  the  twenty- 
sixth  instant,  three  miles  advanced  towards  Richmond,  at 
which  place  major  general,  the  Marquis  Fayette,  lay  with 
three  thousand  men,  regulars  and  militia;  that  being  the 
whole  number  we  could  arm,  until  the  arrival  of  the  eleven 
hundred  stand  of  arms  from  Rhode  Island,  which  are  about 
this  time  at  the  place  where  our  public  stores  are  deposited. 
The  whole  force  of  the  enemy  within  this  state,  from  the  best 
intelligence  I  have  been  able  to  get,  is,  I  think,  about  seven 
thousand  men,  including  the  garrison  left  at  Portsmouth.  A 
number  of  privateers,  which  are  constantly  ravaging  the 
shores  of  our  rivers,  prevent  us  from  receiving  any  aid  from 
the  counties  lying  on  navigable  waters ;  and  powerful  opera 
tions  meditated  against  our  western  frontier,  by  a  joint  force 
of  British  and  Indian  savages,  have,  as  your  excellency  be 
fore  knew,  obliged  us  to  embody  between  two  and  three 
thousand  men  in  that  quarter.  Your  excellency  will  judge 


JEFFERSON.  285 

from  this  state  of  things,  and  from  what  you  know  of  your 
own  country,  what  it  may  probably  suffer  during  the  present 
campaign.  Should  the  eroemy  be  able  to  obtain  no  opportunity 
of  annihilating  the  marquis's  army,  a  small  proportion  of 
their  force  may  yet  restrain  his  movements  effectually,  while 
the  greater  part  is  employed  in  detachments  to  waste  an  un 
armed  country,  and  lead  the  minds  of  the  people  to  acquiesce 
under  those  events,  which  they  see  no  human  power  prepared 
to  ward  off.  We  are  too  far  removed  from  the  other  scenes 
of  war,  to  say  whether  the  main  force  of  the  enemy  be  within 
this  state;  but  I  suppose  they  cannot  any  where  spare  so 
great  an  army  for  the  operations  of  the  field.  Were  it  pos 
sible  for  this  circumstance  to  justify  in  your  excellency,  a 
determination  to  lend  us  your  personal  aid,  it  is  evident  from 
the  universal  voice,  that  the  presence  of  their  beloved  coun 
tryman,  whose  talents  have  so  long  been  successfully  em 
ployed  in  establishing  the  freedom  of  kindred  states,  to  whose 
person  they  have  still  flattered  themselves  they  retained  some 
right,  and  have  ever  looked  upon  as  their  dernier  resort  in 
distress;  that  your  appearance  among  them,  I  say,  would 
restore  full  confidence  of  salvation,  and  would  render  them 
equal  to  whatever  is  not  impossible.  I  cannot  undertake  to 
foresee  and  obviate  the  difficulties  which  lie  in  the  way  of 
such  a  resolution.  The  whole  subject  is  before  you,  of  which 
I  see  only  detached  parts ;  and  your  judgment  will  be  formed 
on  a  view  of  the  whole.  Should  the  danger  of  the  state,  and 
its  consequence  to  the  union,  be  such  as  to  render  it  best  for 
the  whole,  that  you  should  repair  to  its  assistance,  the  diffi 
culty  would  then  be  how  to  keep  men  out  of  the  field.  I  have 
undertaken  to  hint  this  matter  to  your  excellency,  not  only 
on  my  own  sense  of  its  importance  to  us,  but  at  the  solicita 
tion  of  many  members  of  weight  in  our  legislature,  which  has 


286  JEFFERSON. 

not  yet  assembled  to  speak  its  own  desires.  A  few  days  will 
bring  to  me  that  relief,  which  the  constitution  has  prepared 
for  those  oppressed  with  the  labours  of  my  office ;  and  a  long 
declared  resolution  of  relinquishing  it  to  abler  hands,  has 
prepared  my  way  for  retirement  to  a  private  station  ;  still, 
as  an  individual,  I  should  feel  the  comfortable  effects  of  your 
presence,  and  have  (what  I  thought  could  not  have  been)  an 
additional  motive  for  that  gratitude,  esteem,  and  respect, 
which  I  have  long  felt  for  your  excellency." 

On  the  second  of  June,  the  term  for  which  Mr.  Jefferson 
had  been  elected  expired,  and  he  returned  to  the  situation  of 
a  private  citizen,  after  having  conducted  the  affairs  of  his 
state,  through  a  period  of  difficulty  and  danger,  without  any 
parallel  in  its  preceding  or  subsequent  history,  and  with  a 
prudence  and  energy  that  might  have  gained  him  more  fame, 
had  the  times  been  less  unpropitious,  but  which  from  that  very 
reason  have  been  and  will  be  more  appreciated  and  honoured, 
in  succeeding  times. 

Two  days  after  his  retirement  from  the  government,  and 
when  on  his  estate  at  Monticello,  intelligence  was  suddenly 
brought  that  Tarleton,  at  the  head  of  two  hundred  and  fifty 
horse,  had  left  the  main  army  for  the  purpose  of  surprising 
and  capturing  the  members  of  assembly  at  Charlottesville., 
The  house  had  just  met,  and  was  about  to  commence  busi 
ness,  when  the  alarm  was  given ;  they  had  scarcely  taken 
time  to  adjourn  informally,  to  meet  at  Staunton  on  the 
seventh,  when  the  enemy  entered  the  village,  in  the  confident 
expectation  of  an  easy  prey.  The  escape  was  indeed  narrow, 
but  no  one  was  taken.  In  pursuing  the  legislature,  however, 
the  governor  was  not  forgotten ;  a  troop  of  horse  under  a  cap 
tain  M'Leod  had  been  despatched  to  Monticello,  fortunately 
with  no  better  success.  The  intelligence  received  at  Char- 


JEFFERSON.  287 

lottesTille  was  soon  conveyed  thither,  the  distance  between 
the  two  places  being  very  short.  Mr.  Jefferson  immediately 
ordered  a  carriage  to  be  in  readiness  to  carry  off  his  family, 
who,  however,  breakfasted  at  leisure  with  some  guests.  Soon 
after  breakfast,  and  when  the  visitors  had  left  the  house,  a 
neighbour  rode  up  in  full  speed,  with  the  intelligence  that  a 
troop  of  horse  was  then  ascending  the  hill.  Mr.  Jefferson 
now  sent  off  his  family,  and  after  a  short  delay  for  some  in 
dispensable  arrangements,  mounted  his  horse,  and  taking  a 
course  through  the  woods,  joined  them  at  the  house  of  a 
friend,  where  they  dined.  It  would  scarcely  be  believed  by 
those  not  acquainted  with  the  fact,  that  this  flight  of  a  single 
and  unarmed  man  from  a  troop  of  cavalry,  whose  whole 
legion,  too,  was  within  supporting  distance,  and  whose  main 
object  was  his  capture,  has  been  the  subject  of  volumes  of 
reproach,  in  prose  and  poetry,  serious  and  sarcastic. 

In  times  of  difficulty  and  danger,  it  is  seldom  that  the  ac 
tions  of  the  wisest  and  the  best  can  escape  without  censure. 
Where  they  are  not  the  marks  of  malevolence,  they  are  yet 
dwelt  on  with  morbid  distrust  by  the  discontented  and  the 
timid ;  they  are  contrasted  by  every  speculative  reasoner, 
with  the  fanciful  schemes  which  his  own  imagination  has 
suggested ;  and  if  tbey  do  not  chance  to  be  crowned  with 
unexpected  success,  the  failure  is  attributed  to  intrinsic 
weakness,  rather  than  to  unavoidable  accident.  In  the  pre 
ceding  pages  of  this  memoir,  a  rapid,  and  indeed  an  insuffi 
cient  sketch  has  been  recorded  of  the  public  acts  of  Mr.  Jef 
ferson,  during  the  singularly  eventful  period  in  which  he 
was  placed  at  the  head  of  the  government  in  Virginia.  The 
truth  of  those  facts  may  be  relied  on.  From  them,  a  reader 
of  the  present  day,  far  removed  from  the  bustle  and  feelings 
of  the  times,  may  form  a  calm  judgment  of  the  principles 


288  JEFFERSON. 

and  talents  of  the  man,  when  placed  in  this  station  of  unex 
pected  difficulty.  There  is  little  danger  in  asserting,  that 
such  a  judgment  will  be  as  favourable  to  the  zeal  and  talents 
of  the  statesman,  as  it  will  be  honourable  to  the  feelings  and 
patriotism  of  the  man.  It  would,  therefore,  seem  almost 
useless  to  record  imputed  errors  and  unfounded  charges 
with  regard  to  him,  which  have  passed  into  oblivion  by  the 
lapse  of  years,  were  it  not  in  some  degree  a  duty,  not  to 
pass  unnoticed,  events  which,  in  their  own  day  at  least,  ex 
cited  considerable  attention. 

The  meeting  of  the  legislature  at  Staunton,  was  attended 
by  several  members  who  had  not  been  present  at  Richmond, 
at  the  period  of  Arnold's  incursion.  One  of  these,  Mr. 
George  Nicholas,  actuated,  it  is  said,  by  no  unkind  feelings, 
yet  it  must  be  acknowledged  with  a  patriotism  somewhat 
too  ardent,  accused  the  late  governor  of  great  remissness  in 
his  measures  on  that  occasion,  and  moved  for  an  inquiry 
relative  to  them.  To  this,  neither  Mr.  Jefferson  nor  his 
friends  had  the  least  objection,  nor  did  they  make  the  slight 
est  opposition.  The  ensuing  session  of  the  legislature,  was 
the  period  fixed  for  the  investigation,  but  before  it  arrived, 
Mr.  Nicholas,  convinced  that  the  charges  were  unfounded, 
in  the  most  honourable  and  candid  manner  declined  the  far 
ther  prosecution  of  the  affair.  In  the  mean  time,  that  he 
might  be  placed  on  equal  ground  for  meeting  the  inquiry, 
one  of  the  representatives  of  his  county  resigned  his  seat, 
and  Mr.  Jefferson  was  unanimously  elected  in  his  place. 
When  the  house  assembled,  no  one  appeared  to  bring  forward 
the  investigation  ;  he,  however,  rose  in  his  place,  and  reca 
pitulating  the  charges  which  had  been  made,  stated  in  brief 
terms  his  own  justification.  His  remarks  were  no  sooner 


JEFFERSON.  289 

concluded,  than  the  house  passed  unanimously  the  following 
resolution  : 

**  Resolved,  That  the  sincere  thanks  of  the  general  as 
sembly,  be  given  to  our  former  governor,  Thomas  Jefferson, 
for  his  impartial,  upright,  and  attentive  administration  whilst 
in  office.  The  assembly  wish,  in  the  strongest  manner,  to 
declare  the  high  opinion  they  entertain  of  Mr.  Jefferson's 
ability,  rectitude,  and  integrity,  as  chief  magistrate  of 
this  commonwealth,  and  mean,  by  thus  publicly  avowing 
their  opinion,  to  obviate  and  to  remove  all  unmerited  cen 
sure." 

It  is  due  to  Mr.  Nicholas  to  state,  that  in  a  publication 
some  time  afterwards,  he  made  an  honourable  acknowledg 
ment  of  the  erroneous  views  he  had  entertained  on  the  sub 
ject.  The  same  candour  has  not  marked  all  the  opponents 
of  Mr.  Jefferson  ;  but  we  are  not,  however,  now  to  learn, 
that  in  the  violence  of  politieal  asperity,  circumstances 
long  proved,  and  generally  acknowledged  to  be  incorrect, 
are  brought  forward  with  no  inconsiderable  effrontery, 
and  the  mild  and  virtuous  must  be  content  to  wait  until 
time  has  swept  away  the  fabrications  and  assertions  of 
faction,  and  confirmed  that  which  is  founded  in  honesty  and 
truth. 

Mr.  Jefferson  has  already  appeared  before  us,  as  a  wri 
ter  of  no  ordinary  talents  ;  but  it  has  been  in  one  point  of 
view  solely,  that  of  a  politician.  Great  as  were  his  skill 
and  knowledge  as  a  statesman,  and  active  as  were  his  la 
bours  for  the  public  good,  we  find  him  in  the  year  1781, 
snatching  sufficient  leisure,  amid  the  tumult  and  confusion  of 
politics  and  war,  to  compose  a  work  devoted  exclusively  to 
science.  M.  De  Marbois,  the  secretary  of  the  French  lega 
tion  in  the  United  States,  at  the  suggestion  it  is  supposed  of 
VOL.  IV O  o 


290  JEFFERSON, 

his  own  court,  proposed  to  Mr.  Jefferson  a  number  of  ques 
tions  relative  to  the  state  of  Virginia,  embracing  a  general 
view  of  its  geography,  natural  productions,  statistics,  go 
vernment,  history,  and  laws.  To  these,  Mr.  Jefferson  return 
ed  answers  full  of  learning  and  research  ;  so  much  so,  that 
the  gentleman  to  whom  they  were  addressed,  found  it  neces 
sary  to  have  a  few  copies  printed  in  the  French  language, 
for  the  use  exclusively,  however,  of  his  friends,  among  whom 
the  work  had  excited  great  interest.  From  one  of  these 
copies,  a  translation  was  surreptitiously  made  into  English  ; 
and  this  induced  Mr.  Jefferson  at  length,  in  the  year  1787, 
to  publish  the  work  himself,  under  the  simple  title  it  still  re 
tains,  of  "  Notes  on  Virginia."  The  principal  charms  of  this 
little  volume,  are  the  unpretending  simplicity  of  its  style,  and 
the  variety  of  its  information.  After  a  lapse  of  more  than 
forty  years,  we  are  surprised  at  the  slow  advances  we  have 
made  in  the  subjects  of  which  it  treats ;  and  when  we  reflect 
on  the  wild  state  of  the  country  at  that  period,  the  compara 
tively  narrow  bounds  within  which  was  contained  all  of  civi 
lization  and  knowledge,  we  look  with  astonishment  at  the 
facts,  that  industry  could  thus  accumulate.  Even  if  the 
length  or  nature  of  this  memoir  would  permit  it,  it  seems 
hardly  necessary  to  analyze  a  work  so  generally  known ; 
yet  one  might  dwell  with  pleasure  on  many  of  the  subjects 
which  its  pages  embrace,  and  find  in  them  a  cheerful  relief 
from  the  tedious  uniformity  of  political  history.  The  fanci 
ful  theories  of  Buffon,  have  met  their  refutation  in  the  in 
creasing  intelligence  of  succeeding  times — opinionum  com- 
menta  delet  dies,  naturae  judicia  confirmat;  yet  one  reads 
with  satisfaction,  if  not  with  pleasure,  the  successful  but 
simple  refutation  of  the  greatest  philosopher  of  his  day,  by  a 
citizen  of  an  almost  unknown  and  despised  country,  who  had 


JEFFERSON.  291 

thrown  aside  for  a  moment,  the  sword  and  the  portfolio,  to 
amuse  himself  in  the  more  congenial  investigations  of  science. 
The  refutation  of  absurdity,  has  often  proved  the  mother  of 
wisdom ;  the  wild  visions  of  Fulmer,  produced  the  match 
less  dissertations  of  Locke.  In  the  interesting  picture  of 
Indian  habits  and  manners ;  the  records  of  their  untutored 
eloquence ;  the  vindication  of  their  bravery,  their  generosity, 
and  their  virtue — in  the  delineation  of  the  character,  the 
fidelity,  the  kindly  feelings  of  the  enslaved  negro  race,  whose 
champion  he  ever  was,  alike  in  the  times  of  colonial  subjec 
tion,  and  of  established  freedom — in  his  investigations  rela 
tive  to  religious  and  political  liberty — in  his  researches  in 
science,  philosophy,  and  antiquity,  every  reader  will  find  a 
great  deal  to  instruct  and  amuse.  He  will  not  perhaps  re 
gret,  that  he  chose  public  life  as  the  great  theatre  of  his  am 
bition,  but  he  will  acknowledge,  that  his  fame  would  pro 
bably  have  been  as  great,  in  the  more  peaceful  pursuits  of 
science. 

About  the  close  of  the  year  1782,  Mr.  Jefferson  was  ap 
pointed  a  minister  plenipotentiary,  to  join  the  commissioners 
in  Europe,  who  were  to  determine  on  the  conditions  of  a 
treaty  of  peace,  which  it  was  expected  would  soon  be  enter 
ed  into.  In  December  he  arrived  at  Philadelphia,  in  order 
to  embark.  Congress  immediately  ordered,  that  during  his 
stay  in  that  city,  he  should  have  full  access  to  the  archives  of 
the  government. 

The  minister  of  France  offered  him  the  French  frigate 
Romulus,  which  was  then  at  Baltimore,  for  his  passage ; 
but,  before  the  ice  would  permit  hep  to  leave  the  port, 
intelligence  was  received  that  preliminaries  of  peace 
between  the  United  States  and  Great  Baitain  had  been 
signed.  Mr.  Jefferson  wrote  to  congress  from  Baltimore, 


292  JEFFERSON. 

to  inquire  whether  the  occasion  of  his  services  was  not 
passed,  and  they,  of  course,  dispensed  with  his  leaving 
America. 

On  the  sixth  of  June,  1783,  Mr.  Jefferson  was  again 
elected  a  delegate  to  congress,  from  the  state  of  Virginia, 
but  he  did  not  take  his  seat  in  that  body  until  the  fourth 
of  November  following.  The  part  which  he  immediately 
acted,  was  of  course  a  prominent  one,  and  we  find  him  at 
once  engaged  in  all  the  principal  measures  that  occupied 
the  public  attention.  Early  in  December,  letters  were 
received  from  the  commissioners  in  France,  accompanied 
with  the  definitive  treaty  between  the  United  States  and 
Great  Britain,  which  had  been  signed  at  Paris  on  the 
third  of  September.  They  were  immediately  referred  to  a 
committee,  of  which  Mr.  Jefferson  was  chairman.  On  the 
fourteenth  of  January,  1784,  on  the  report  of  this  committee, 
the  treaty  was  unanimously  ratified,  thus  putting  an  end  to 
the  eventful  struggle  between  the  two  countries,  and  confirm 
ing  the  independence  which  had  already  been  gained.  On 
the  thirtieth  of  March  he  was  elected  chairman  of  congress, 
and  chairman  also  of  a  grand  committee,  instructed  to  revise 
the  institution  of  the  treasury  department,  and  report  such 
alterations  as  they  should  deem  expedient.  This  they  did,  in 
an  able  report  on  the  fifth  of  April,  embracing  a  general  and 
comprehensive  view  of  the  finances  of  the  country ;  a  sub 
ject  of  infinite  difficulty,  and  presenting  obstacles  which 
threatened  to  disturb  the  harmony  of  the  union,  to  embarrass 
its  councils,  and  obstruct  its  operations. 

About  this  period,  an  opportunity  was  offered  to  Mr. 
Jefferson,  of  expressing  again,  as  he  had  already  so  fre 
quently  done,  his  earnest  desire  to  provide  for  the  emancipa 
tion  of  the  negroes,  and  the  entire  abolition  of  slavery  in  the 


JEFFERSON.  293 

United  States.  Being  appointed  chairman  of  a  committee, 
to  which  was  assigned  the  task  of  forming  a  plan  for  the 
temporary  government  of  the  Western  Territory,  he  intro 
duced  into  it  the  following  clause:  "That  after  the  year 
1800  of  the  Christian  sera,  there  shall  be  neither  slavery  nor 
involuntary  servitude  in  any  of  the  said  states,  otherwise 
than  in  punishment  of  crimes,  whereof  the  party  shall  have 
been  convicted  to  have  been  personally  guilty."  "When  the 
report  of  the  committee  was  presented  to  congress,  these 
words  were,  however,  struck  out. 

On  the  seventh  of  May,  congress  resolved  that  a  minister 
plenipotentiary  should  be  appointed,  in  addition  to  Mr. 
Adams  and  Dr.  Franklin,  for  the  purpose  of  negotiating 
treaties  of  commerce.  To  this  office  Mr.  Jefferson  was 
immediately  elected,  and  orders  were  issued  to  the  agent  of 
marine,  to  provide  suitable  accommodations  for  his  passage 
to  Europe. 

In  July,  he  sailed  from  the  United  States,  and  joined  the 
other  commissioners  at  Paris,  in  the  following  month.  Full 
powers  were  given  to  them,  to  form  alliances  of  amity  and 
commerce  with  foreign  states,  and  on  the  most  liberal  prin 
ciples.  In  this  useful  design,  they  were  occupied  for  a  year, 
but  not  with  the  success  that  congress  had  anticipated  ;  they 
succeeded  in  their  negotiations,  only  with  the  governments 
of  Morocco  and  Prussia.  The  treaty  with  the  latter  power 
is  so  remarkable  for  some  of  the  provisions  it  contains,  that 
it  may  be  looked  upon  as  an  experiment  in  diplomacy  and 
national  law.  By  it,  blockades  of  every  description  were 
abolished,  the  flag  covered  the  property,  and  contrabands 
were  exempted  from  confiscation,  though  they  might  be  em 
ployed  for  the  use  of  the  captor,  on  payment  of  their  full  value. 
This,  it  is  said,  is  the  only  convention  ever  made  by  Ame- 


294  JEFFERSON, 

rica,  in  which  the  latter  stipulation  is  introduced,  nor  is  it 
known  to  exist  in  any  other  modern  treaty. 

With  Great  Britain,  also,  a  negotiation  was  attempted,  hut 
without  success.  The  treaty  of  the  preceding  year  had  indeed 
dissolved  for  ever  the  hands  by  which  the  two  countries  were 
united,  but  the  ties  of  consanguinity,  religion,  manners,  and 
perhaps  of  interest,  seemed  to  point  out  by  nature,  an  alli 
ance  somewhat  more  intimate,  than  that  which  usually  exists 
between  independent  states.     It  was  known  too  that  soon 
after  the  preliminary  articles  of  peace  had  been  concluded, 
Mr.  Pitt,  the  young  chancellor  of  the  exchequer,  with  the 
liberal  candour  of  youth,  and  a  political  sagacity  not  yet 
tinctured  by  national  selfishness,  or  absorbed  by  more  en 
grossing  plans  of  infinitely  less  general  utility,  had  intro 
duced  into  the  house  of  commons  a  bill  for  regulating  the 
intercourse  between  the  two  nations,  on  principles  of  recipro 
cal  benefit,  which  would  have  gone  far^  to  establish  between 
them  lasting  relations  of  peace  and  prosperity.     It  is  true, 
a  change  in  the  administration  had  prevented  the  passage  of 
this  measure,  but  its  advocates  had  since  returned  to  power, 
and  it  was  in  itself  so  highly  advantageous  to  both  parties, 
that  the  American  commissioners  deemed  it  expedient  to  at 
tempt  its  renewal  in  the  form  of  a  commercial  treaty.     To 
effect  this,  Mr.  Jefferson  and   Mr.  Adams  crossed  over  to 
London  ;  and  so  anxious  were  they  to  promote  a  cordial  con 
nexion  between  the  two  countries,  that  among  the  terms  they 
proposed  to  offer,  was  a  mutual  exchange  of  naturalization 
to  the  citizens  and  vessels  of  either  nation,  in  every  thing 
relating  to  commerce  or  commercial  navigation.     On  reach 
ing  London,  they  were  received  by  the  government  with 
great  respect;  but  whether  from  some  remains  of  hostile 
feeling  and  injured  pride,  or  from  the  pressure  of  domestic 


JEFFERSON.  295 

affairs,  injured  as  they  had  been  by  a  long  and  unsuccessful 
war ;  or  what  is  most  probable,  from  a  determination  to  sup 
port  the  selfish  regulations  of  the  navigation  system,  from 
which  she  had  been  somewhat  driven  by  the  apprehension 
of  injury  to  her  commerce,  in  consequence  of  the  revolution, 
but  to  which  she  joyfully  returned  on  perceiving  the  weak 
ness  of  the  confederation,  the  discordant  plans  of  the  several 
states,  and  the  interest  she  had  succeeded  in  establishing ; 
from  one  or  all  of  these  causes,  for  several  years  after  the 
treaty  of  independence,  Great  Britain  does  not  appear  to 
have  bestowed  much  attention  on  her  intercourse  with 
America.  Every  attempt  to  procure  a  conference  was 
evaded,  the  period  for  which  the  general  commission  was 
issued,  was  on  the  eve  of  expiring,  and  after  a  fruitless 
visit  of  seven  weeks  to  London,  Mr.  Jefferson  returned  to 
Paris. 

On  the  tenth  of  March,  1785,  Mr.  Jefferson  was  unani 
mously  appointed  by  congress,  to  succeed  Dr.  Franklin  as 
minister  plenipotentiary  at  the  court  of  Versailles ;  and  on 
the  expiration  of  his  commission  in  October,  1787,  he  was 
again  elected  to  the  same  honourable  situation.  He  remained 
in  France  until  October,  1789. 

The  eminent  rank  which  Dr.  Franklin  had  obtained  as  a 
philosopher,  before  he  was  appointed  a  commissioner  to  Paris, 
had  in  no  small  degree  facilitated  his  introduction  there,  and 
greatly  aided  the  success  of  his  political  mission ;  that  a  man 
of  such  acknowledged  distinction  in  science,  should  have 
been  produced  by  these  states,  gave  them  a  character  be 
yond  that  usually  bestowed  on  the  colonists  of  a  remote 
and  unknown  country,  and  strongly  contributed  to  bring 
them  forward  into  the  rank  of  nations.  These  features  of 
Dr.  Franklin's  character,  were  eminently  supported  by  Mr. 


296  JEFFERSON. 

Jefferson,  and  it  was  certainly  no  common  circumstance, 
that  at  a  time  when  the  spirit  of  political  and  philosophical 
investigation,  especially  so  far  as  it  applied  to  the  state  of 
society,  had  made  such  rapid  advances,  and  produced 
so  many  great  men,  a  country  scarcely  yet  heard  of  in 
Europe,  should  furnish  such  practical  lessons  in  freedom 
and  the  assertion  of  liberty,  and  two  men  so  fitted  hy  their 
talents  and  the  congeniality  of  their  dispositions,  to  mingle 
with  the  most  distinguished  statesmen  and  philosophers  of 
the  age. 

While  Mr.  Jefferson  resided  in  France,  he  was  engaged 
in  many  diplomatic  negotiations  of  considerable  importance 
to  this  country,  though  not  of  sufficient  general  interest,  to 
require  here  a  lengthened  recital.  The  great  questions 
which  had  so  long  occupied  the  public  mind,  were  fitted  to 
arrest  the  attention  of  the  most  thoughtless,  affecting  as  they 
did,  the  policy  of  nations  and  the  fate  of  empires;  but  the 
details  which  arise  out  of  the  interpretation  of  treaties,  or 
the  measures  which  are  necessary  to  increase  their  effect, 
and  to  remedy  their  deficiencies,  are  interesting  only  to  him 
who  studies  the  minute  points  of  political  history.  These 
only  were  the  objects,  which  could  claim  the  attention  of 
the  minister  to  France,  at  this  period ;  they  did  not  call  forth 
any  prominent  display  of  his  great  and  various  talents,  but 
they  required  no  ordinary  address,  involved  as  they  were  by 
the  skilful  intrigues  of  such  ministers  as  Vergennes  and 
Calonne,  and  opposed,  for  the  most  part,  by  all  the  men  of 
influence,  who  thought  that  their  interests  might  be  compro 
mised  or  endangered.  Among  the  principal  benefits  then 
obtained,  and  continued  to  the  United  States  until  the  period 
of  the  French  revolution,  were  the  abolition  of  several  mono 
polies,  and  the  free  admission  into  France  of  tobacco,  rice, 


JEFFERSON.  297 

whale  oil,  salted  fish,  and  flour ;  and  of  the  two  latter  articles 
into  the  French  West  India  islands. 

During  the  period  of  his  ministry,  Mr.  Jefferson  took 
advantage  of  the  leisure  he  occasionally  enjoyed  to  make  an 
excursion  to  Holland,  and  another  to  Italy.  Each  offered 
a  useful  lesson  to  a  philosopher  and  statesman,  the  repre 
sentative  of  a  young  and  rising  nation.  The  one  displayed 
the  successful  efforts  of  patient  industry,  gradually  removing 
the  difficulties  which  nature  had  created  and  neglect  increased. 
In  the  fair  clime  and  fertile  soil  of  the  other,  he  saw  that 
arbitrary  power  changes  the  field  of  plenty  to  a  desert,  and 
that  though  the  Italian  might  look  round  on  the  stupendous 
ruins  which  proclaimed  at  once  the  power  and  the  freedom 
of  his  ancestors,  he  had  inherited  nothing  of  their  lofty  spirit, 
but  was  rather  a  stranger,  wandering  amid  the  relics  of 
foreign  grandeur,  than  the  descendant  of  a  nation  whose 
humblest  citizens  were  mightier  than  kings.  It  was,  how 
ever,  in  the  gaiety,  the  learning,  the  taste,  elegance,  and 
hospitality  of  Paris,  that  he  found  pleasures  most  congenial 
to  his  disposition.  Years  had  passed  away,  loaded  with 
public  cares,  since  he  had  indulged  in  those  pursuits,  which 
formed  so  favourite  an  occupation  for  his  mind ;  and  now, 
placed  at  once  in  the  midst  of  learning  and  elegance,  admired 
for  his  genius,  beloved  for  his  modesty  and  kindness,  received 
with  open  arms  by  the  men  whose  names  were  most  conspicu 
ous  for  their  talents  and  virtues,  it  will  be  readily  believed,  that 
he  enjoyed  the  new  scene  around  him  with  peculiar  interest. 
The  Abbe  Morrellet  translated  his  little  work  on  Virginia, 
Condorcet  and  D'Alembert  claimed  him  as  their  friend,  and 
he  was  invited  and  welcomed  among  the  literary  institutions 
and  circles  of  Paris.  His  letters,  written  at  this  time  to  his 
friends  in  America,  display  the  versatility  of  his  genius,  and 
VOL.  IV.— P  p 


298  JEFFERSON, 

the  attention  he  constantly  bestowed  on  whatever  was  calcu* 
lateel  to  embellish  or  benefit  society.  Perhaps,  indeed,  of 
his  long  and  not  unprosperous  life,  he  would  have  fixed  on 
this  as  the  period  of  greatest  enjoyment;  as  a  statesman 
and  patriot  he  was  honoured,  respected,  and  loved ;  of  rank 
and  fortune  he  had  enough  to  supply  his  wants  and  gratify 
his  ambition  ;  in  the  prospect  of  the  future  there  was  little 
to  add  to  his  present  happiness,  while  it  was  surrounded 
with  the  uncertainty  which  ever  attends  the  most  successful, 
in  the  career  of  public  life. 

It  was  while  Mr.  Jefferson  was  in  France,  that  the  diffi 
culties  of  this  country,  for  want  of  a  general  government, 
were  more  and  more  felt;  they  were  greatly  increased  by 
the  failure  of  treaties  abroad,  which  might  have  given  a 
system  to  our  foreign  relations,  that  could  scarcely  be  ex 
pected,  while  the  states  presented  a  social  form  so  feebly 
connected;  the  federal  constitution,  therefore,  had  been  framed 
from  a  general  conviction  of  its  necessity.  But,  however 
Mr.  Jefferson  had  contributed  to  impress  this  necessity,  and 
had  communicated  his  ideas  to  his  friends,  he  of  course  had 
no  personal  share  in  its  formation.  That  the  structure  of  it 
would  awaken  his  attention,  there  could  be  no  doubt ;  and 
it  appears,  that  his  friends  were  early  desirous  in  obtaining 
his  views  with  regard  to  it.  In  a  late  publication  it  is 
asserted,  that  so  soon  as  1787,  he  had  expressed  his  senti 
ments  of  it,  in  a  letter  to  Mr.  Madison ;  that  letter  has  not 
been  published ;  but  it  seems  that  soon  after,  Mr.  Jefferson 
was  written  to  by  colonel  Forrest  of  Georgetown,  requesting 
his  opinion  of  the  new  constitution,  and  that  he  sent  to  him, 
in  reply,  a  copy  or  extract  of  his  letter  to  Mr.  Madison. 
As  this  has  every  appearance  of  authenticity,  and  certainly 
expresses  Mr.  Jefferson's  sentiments  on  this  interesting  sub- 


JEFFERSON. 

ject,  far  better  than  any  abridgment  of  them  would  do,  no 
apology  is  necessary  for  inserting  it  at  length. 

"  I  like  much,"  he  says,  "  the  general  idea  of  framing  a 
government  which  sbould  go  on  ef  itself  peaceably,  without 
needing  continual  recurrence  to  the  state  legislatures.  I 
like  the  organization  of  the  government  into  legislative, 
judiciary,  and  executive.  I  like  the  power  given  the  legisla 
ture  to  levy  taxes,  and  for  that  reason  solely,  I  approve  of 
the  greater  house  being  chosen  by  the  people  directly  :  for 
though  I  think  a  house  so  chosen  will  be  very  far  inferior  to 
the  present  congress,  will  be  very  illy  qualified  to  legislate 
for  the  Union,  for  foreign  nations,  £c.  yet  this  evil  does  not 
weigh  against  the  good  of  preserving  inviolate  the  funda 
mental  principle,  that  the  people  are  not  to  be  taxed  but  by 
representatives  chosen  immediately  by  themselves.  I  am 
captivated  by  the  compromise  of  the  opposite  claims  of  the 
great  and  little  states,  of  the  latter  to  equal,  and  the  former 
to  proportional  influence.  I  am  much  pleased,  too,  with  the 
substitution  of  the  method  of  voting  by  persons  instead  of 
that  of  voting  by  states ;  and  I  like  the  negative  given  to 
the  executive  conjointly  with  a  third  of  either  house,  though 
I  should  have  liked  it  better  had  the  judiciary  been  associated 
for  that  purpose,  or  invested  separately  with  a  similar  power. 
There  are  other  good  things  of  less  moment.  I  will  now 
tell  you  what  I  do  not  like.  First,  the  omission  of  a  bill  of 
rights,  providing  clearly,  and  without  the  aid  of  sophisms, 
for  freedom  of  religion,  freedom  of  the  press,  protection 
against  standing  armies,  restriction  of  monopolies,  the  eter 
nal  and  unremitting  force  of  the  habeas  corpus  laws,  and 
trials  by  jury  in  matters  of  fact,  triable  by  the  laws  of  the 
land,  and  not  by  the  law  of  nations.  To  say,  as  Mr.  Wilson 
does,  that  a  bill  of  rights  was  not  necessary,  because  all  is 


300  JEFFERSON. 

reserved  in  the  case  of  the  general  government  which  is  not 
given,  while  in  the  particular  ones,  all  is  given  which  is  not 
reserved,  might  do  for  the  audience  to  which  it  was  address 
ed,  but  it  is  surely  a  gratis  dictum,  the  reverse  of  which 
might  just  as  weir  be  said  ;  and  it  is  opposed  by  strong  in 
ferences  from  the  body  of  the  instrument,  as  well  as  from  the 
omission  of  the  clause  of  our  present  confederation,  which 
had  made  the  reservation  in  express  terms.  It  was  hard  to 
conclude,  because  there  has  been  a  want  of  uniformity  among 
the  states  as  to  the  cases  triable  by  jury,  because  some  have 
been  so  incautious  as  to  dispense  with  this  mode  of  trial  in 
certain  cases;  therefore,  the  more  prudent  states  shall  be  re 
duced  to  the  same  level  of  calamity.  It  would  have  been 
much  more  just  and  wise  to  have  concluded  the  other  way, 
that,  as  most  of  the  states  had  preserved  with  jealousy  this 
sacred  paladium  of  liberty,  those  who  had  wandered  should 
be  brought  back  to  it;  and  to  have  established  general  right 
rather  than  general  wrong.  For  I  consider  all  the  ill  as 
established,  which  may  be  established.  I  have  a  right  to 
nothing  which  another  has  a  right  to  take  away ;  and  con 
gress  will  have  a  right  to  take  away  trials  by  jury  in  all  civil 
cases.  Let  me  add,  that  a  bill  of  rights  is  what  the  people  are 
entitled  to  against  every  government  on  earth,  general  or  par 
ticular;  and  what  no  just  government  should  refuse,  or  rest 
on  inferences. 

"The  second  feature  I  dislike,  and  strongly  dislike,  is  the 
abandonment,  in  every  instance,  of  the  principle  of  rotation 
in  office,  and  most  particularly  in  the  case  of  the  president. 
Reason  and  experience  tell  us  that  the  first  magistrate  will 
always  be  re-elected,  if  he  may  be  re-elected.  He  is  then  an 
officer  for  life.  This  once  observed,  it  becomes  of  so  much 
consequence  to  certain  nations  to  have  a  friend  or  a  foe  at 


JEFFERSON.  301 

the  head  of  our  affairs,  that  they  will  interfere,  with  money 
and  with  arms.  A  Galloman  or  an  Angloman  will  be  sup 
ported  by  the  nation  he  befriends.  If  once  elected,  and  at  a 
second  or  third  election  outvoted  by  one  or  two  votes,  he  will 
pretend  false  votes,  foul  play,  hold  possession  of  the  reins  of 
government,  be  supported  by  the  states  voting  for  him,  espe 
cially  if  they  be  the  central  ones,  lying  in  a  compact  body 
themselves,  and  separating  their  opponents,  and  they  will 
be  aided  by  one  nation  in  Europe,  while  the  majority  are 
aided  by  another.  The  election  of  a  president  of  America, 
some  years  hence,  will  be  much  more  interesting  to  certain 
nations  of  Europe,  than  even  the  election  of  a  king  of  Poland 
was. 

"  Reflect  on  all  the  instances  in  history,  ancient  and  mo 
dern,  of  elective  monarchies,  and  say  if  they  do  not  give  foun 
dation  for  my  fears — the  Roman  emperors,  the  popes,  while 
they  were  of  any  importance,  the  German  emperors,  till 
they  became  hereditary  in  practice,  the  kings  of  Poland,  the 
deys  of  the  Ottoman  dependencies.  It  may  be  said,  that  if 
elections  are  to  be  attended  with  these  disorders,  the  sel- 
domer  they  are  repeated,  the  better.  But  experience  says, 
that,  to  free  them  from  disorder,  they  must  be  rendered  less 
interesting  by  a  necessity  of  change.  No  foreign  power, 
nor  domestic  party,  will  waste  their  blood  and  money  to  elect 
a  person  who  must  go  out  at  the  end  of  a  short  period.  The 
power  of  removing  every  fourth  year  by  the  vote  of  the  peo 
ple,  is  a  power  which  they  will  not  exercise ;  and  if  they 
were  disposed  to  exercise  it,  they  would  not  be  permitted. 
The  king  of  Poland  is  removable  every  day  by  the  diet,  but 
they  never  remove  him,  nor  would  Russia,  the  emperor,  &c. 
permit  them  to  do  it.  Smaller  objections  are,  the  appeal  on 
matters  of  fact  as  well  as  law  ;  and  the  binding  all  persons, 


302  JEFFERSON. 

legislative,  executive,  and  judiciary,  by  oath  to  maintain 
that  constitution.  I  do  not  pretend  to  decide  what  would  be 
the  best  method  of  procuring  the  establishment  of  the  mani 
fold  good  things  in  this  constitution,  and  getting  rid  of  the 
bad  ;  whether  by  adopting  it  in  hopes  of  future  amendment ; 
or,  after  it  shall  have  been  duly  weighed  and  canvassed  by 
the  people,  after  seeing  the  parts  they  generally  dislike,  and 
those  they  generally  approve,  to  say  to  them,  '  we  see  now 
what  you  wish  ;  you  are  willing  to  give  to  your  federal  go 
vernment  such  and  such  powers  ;  but  you  wish  at  the  same 
time,  to  have  such  and  such  fundamental  rights  secured  to  you, 
and  certain  sources  of  convulsion  taken  away;  be  it  so;  send 
together  your  deputies  again,  let  them  establish  your  funda 
mental  rights  by  a  sacrosanct  declaration,  and  let  them  pass  the 
parts  of  the  constitution  you  have  approved.  These  will  give 
powers  to  your  federal  government  sufficient  for  your  happi 
ness.'  This  is  what  might  be  said,  and  would  probably  produce 
a  speedy,  more  perfect,  and  more  permanent  form  of  govern 
ment.  At  all  events,  I  hope  you  will  not  be  discouraged  from 
making  other  trials,  if  the  present  one  should  fail ;  we  are 
never  permitted  to  despair  of  the  commonwealth. 

"I  have  thus  told  you  freely  what  I  like  and  what  I  dislike, 
merely  as  matter  of  curiosity:  for  I  know  it  is  not  in  my 
power  to  offer  matter  of  information  to  your  judgment,  which 
has  been  formed  after  hearing  and  weighing  every  thing 
which  the  wisdom  of  man  could  offer  on  these  subjects.  I  own 
I  am  not  a  friend  to  a  very  energetic  government;  it  is  al 
ways  oppressive ;  it  places  the  governors  indeed  more  at 
their  ease,  but  at  the  expense  of  the  people.  The  late  rebel 
lion  in  Massachusetts  has  given  more  alarm  than  I  think  it 
should  have  done.  Calculate  that  one  rebellion  in  thirteen 
states,  in  the  course  of  eleven  years,  is  but  one  for  each  state 


JEFFERSON.  303 

in  a  century  and  a  half.  No  country  should  be  so  long  with 
out  one,  nor  will  any  degree  of  power  in  the  hands  of  govern 
ment  prevent  insurrections.  In  England,  where  the  hand  of 
power  is  heavier  than  with  us,  there  are  seldom  half  a  dozen 
years  without  an  insurrection.  In  France,  where  it  is  still 
heavier,  hut  less  despotic,  as  Montesquieu  supposes,  than  in 
some  other  countries,  and  where  there  are  always  two  or 
three  hundred  thousand  men  ready  to  crush  insurrections, 
there  have  been  three  in  the  course  of  the  three  years  I  have 
been  here,  in  every  one  of  which  greater  numbers  were  en 
gaged  than  in  Massachusetts,  and  a  great  deal  more  blood 
was  spilt.  In  Turkey,  where  the  sole  nod  of  the  despot  is 
death,  insurrections  are  the  events  of  every  day.  Compare 
again  the  ferocious  depredations  of  their  insurgents  with  the 
order,  the  moderation,  and  the  almost  self-extinguishment  of 
ours,  and  say,  finally,  whether  peace  is  best  preserved  by 
giving  energy  to  the  government,  or  information  to  the 
people.  This  last  is  the  most  certain,  and  the  most  legitimate 
engine  of  government.  Educate  and  inform  the  whole  mass 
of  the  people,  enable  them  to  see  that  it  is  their  interest  to 
preserve  peace  and  order,  and  they  will  preserve  it ;  and  it 
requires  no  very  high  degree  of  education  to  convince  them  of 
this ;  they  are  the  only  sure  reliance  for  the  preservation  of 
our  liberty.  After  all,  it  is  my  principle  that  the  will  of  the 
majority  should  prevail.  If  they  approve  the  proposed  con 
stitution  in  all  its  parts,  I  shall  concur  in  it  cheerfully,  in 
hopes  they  will  amend  it,  whenever  they  shall  find  it  works 
wrong.  This  reliance  cannot  deceive  us,  as  long  as  we  re 
main  virtuous  ;  and  I  think  we  shall  be  so,  as  long  as  agri 
culture  is  our  principal  object,  which  will  be  the  case  while 
there  remain  vacant  lands  in  any  part  of  America.  When 
we  get  piled  upon  one  another  in  large  cities,  as  in  Europe, 


304  JEFFERSON. 

we  shall  become  corrupt  as  in  Europe,  and  go  to  eating  one 
another  as  they  do  there.  I  have  tired  you  by  this  time  with 
disquisitions  which  you  have  already  heard  repeated  by  others 
a  thousand  and  a  thousand  times,  and  therefore  shall  only 
add  the  assurance  of  my  esteem  and  attachment." 

In  the  month  of  October,  1789,  Mr.  Jefferson  obtained 
leave  of  absence  for  a  short  time,  and  returned  to  the  United 
States.  While  he  was  abroad,  the  federal  constitution,  the 
formation  of  which  we  have  mentioned,  and  relative  to  which 
we  have  given  his  views,  had  been  regularly  ratified  by  the 
requisite  number  of  states,  general  Washington  had  been 
raised  unanimously  to  the  presidential  chair,  and  the  new 
government  had  been  successfully  organized.  In  filling  the 
executive  offices,  the  president  had,  with  that  wisdom  which 
marked  all  the  acts  of  his  public  life,  carefully  selected  those 
whose  talents  or  previous  employments,  rendered  them  pecu 
liarly  fit  for  the  duties  of  the  stations  to  which  they  were 
appointed.  After  his  arrival  from  France,  and  while  on  his 
way  to  Virginia,  Mr.  Jefferson  received  a  letter  from  the 
president,  offering  him  the  option  of  becoming  secretary  of 
state,  or  returning  to  France,  as  minister  plenipotentiary  to 
that  court.  His  feelings  and  his  habits,  alike  urged  him  to 
the  latter,  but  he  could  not,  and  did  not  refuse  to  acquiesce  in 
the  very  strong  desire  expressed  by  the  president,  that  he 
would  afford  the  aid  of  his  talents  to  the  administration  at 
home. 

Of  all  the  offices  under  the  government  of  the  United  States, 
there  is  no  one,  perhaps,  which  calls  for  the  exercise  of  such 
various  abilities,  such  extensive  knowledge  of  laws  and  facts, 
such  prompt  decision  on  questions  involving  principles  of  the 
highest  political  import,  as  the  department  of  state ;  and  in 
proportion  to  the  infancy  of  the  office  itself,  and  the  new  and 


JEFFERSON.  305 

peculiar  situation  of  the  government,  was  the  difficulty  of  the 
task  assumed  by  Mr.  Jefferson.     The  subsequent  events  of 
his  political  life  have  been  tinged  by  the  hue  of  party,  and 
perhaps  the  time  has  not  arrived  when  we  can  view  them  with 
strict  impartiality,  arid  weigh  the  policy  of  his  measures, 
without  dwelling  too  much  on  circumstances  merely  tem 
porary  or  local.  But  all  unite  in  the  candid  acknowledgment, 
that  the  duties  of  this  station  were  performed  with  a  pru 
dence,  intelligence,  and   zeal,    honourable  to  himself,    and 
useful  to  his  country.     In  the  intercourse  with  foreign  na 
tions,  the  laws  of  a  strict  neutrality,  at  a  period  of  peculiar 
difficulty,  were   maintained   with   unyielding  firmness   and 
consummate  ability;  the  dignity  of  the  nation  was  remem 
bered  and  supported ;  and  the  interests  of  the  citizens  were 
cherished  and  protected.  At  home,  he  turned  his  attention  to 
objects  of  a  minuter  character,  but  of  equal  importance ;  he 
laid  before  congress,  from  time  to  time,  reports  on  various 
branches  of  domestic  policy,  which  displayed  at  once  the 
extent  and  variety  of  his  genius,  the  depth  of  his  information, 
and  the  zeal  with  which  he  applied  them  both  to  the  peculiar 
duties  of  his  situation.     It  has  been  observed,    that  these 
papers  evince  not  only  the  feelings  of  a  patriot  and  the  judg 
ment  of  an  accomplished  statesman,  but  display,  at  the  same 
time,  uncommon  talents  and  knowledge  as  a  mathematician 
and  natural  philosopher,  the  deepest  research  as  an  historian, 
and  even  an  enlarged  and  intimate  acquaintance  with  the 
business  and  concerns  of  a  merchant. 

Mr.  Jefferson  had  scarcely  entered  on  his  office,  when 
congress  referred  to  him  a  subject  whose  nature  and  import 
ance  called  for  the  exercise  of  a  mature  judgment,  while  its 
intricacy  was  such,  as  to  require  in  the  investigation,  more 
than  ordinary  scientific  knowledge.  They  directed  him  to 
.  IV Q  q 


306  JEFFERSON. 

prepare  and  report  a  plan,  for  establishing  a  uniform  system 
of  currency,  weights,  and  measures.  This  was  a  subject 
which,  it  was  admitted  on  all  hands,  demanded  very  serious 
attention.  It  had  already  attracted  the  notice  of  the  most 
enlightened  European  nations;  and  a  partial  experiment  in 
one  branch,  that  of  the  public  currency,  had  been  received 
throughout  the  United  States,  with  general  approbation  and 
unexpected  success.  The  established  system  of  weights 
and  measures,  was  alike  inconvenient  and  absurd.  In 
the  ages  cf  feudal  ignorance,  when  the  sallies  of  passion, 
the  dictates  of  unrestrained  ambition,  or  the  gratification 
of  each  changing  caprice,  were  all  that  a  monarch  asked 
as  the  foundation  of  his  laws,  it  was  at  least  not  incon 
sistent,  that  the  length  of  his  arm  or  foot  should  regu 
late  the  measures  of  the  nation.  But  the  necessities  of 
modern  commercial  intercourse,  seem  to  demand  a  scale 
more  certain  and  convenient;  while  the  improvements  of 
modern  science,  offered  standards  of  unerring  correctness 
and  uniformity.  The  first  object  that  presents  itself  in  such 
an  inquiry,  is  the  discovery  of  some  measure  of  invariable 
length.  For  this  purpose,  Mr.  Jefferson  proposed  to  select  a 
pendulum  vibrating  seconds ;  and  after  answering  the  va 
rious  objections  which  may  be  made  to  such  a  standard,  he 
submits  to  congress  two  alternative  plans  for  its  adoption. 
By  the  first,  he  proposes,  that  if,  in  the  opinion  of  congress, 
the  difficulty  of  changing  the  established  habits  of  the  nation, 
renders  it  expedient  to  retain  the  present  weights  and  mea 
sures,  yet  that  they  should  be  rendered  uniformyand  invari 
able,  by  bringing  them  to  the  same  invariable  standard. 
With  this  view,  he  enters  minutely  into  the  details  of  the 
present  system,  its  history,  the  remarkable  coincidence  to 
be  discovered  in  some  of  its  varieties,  its  useless  inconsisten- 


JEFFERSON.  307 

eies,  and  the  extreme  case,  and  trifling  variation,  with  which 
it  may  be  rendered  uniform  arid  stable.  But,  in  the  second 
place,  he  proceeds  to  say,  "  if  it  be  thought,  that  either  now 
or  at  any  future  time,  the  citizens  of  the  United  Shvtcs  may 
be  induced  to  undertake  a  thorough  reformation  of  their 
whole  system  of  measures,  weights,  and  coins,  reducing 
every  branch  to  the  same  decimal  ratio  already  established 
in  their  coins,  and  thus  bringing  the  calculation  of  the  prin 
cipal  affairs  of  life  within  the  arithmetic  of  every  man  who 
can  multiply  and  divide  plain  numbers,  greater  changes  will 
be  necessary." 

These  changes  he  points  out  briefly  and  distinctly ;  as  be 
ing  such  as  are  easy  of  introduction,  and  useful  both  to  the 
citizens  of  our  own  and  foreign  countries.  "  A  gradual  intro 
duction,'7  he  concludes,  "  would  lessen  the  inconveniences 
which  might  attend  too  sudden  a  substitution,  even  of  an 
easier,  for  a  more  difficult  system.  After  a  given  term,  for 
instance,  it  might  begin  in  the  custom-houses,  where  the 
merchants  would  become  familiarized  to  it.  After  a  further 
term,  it  might  be  introduced  into  all  legal  proceedings  ;  and 
merchants  and  traders  in  foreign  commodities  might  be  re 
quired  to  use  it  in  their  dealings  with  one  another.  After  a 
still  further  term,  all  other  descriptions  of  people  might  re 
ceive  it  into  common  use.  Too  long  a  postponement,  on  the 
other  hand,  would  increase  the  difficulties  of  its  reception 
with  the  increase  of  our  population." 

This  valuable  document  is  still  before  the  country.  A 
cautious  deliberation,  a  natural  attachment  to  long  establish 
ed  usage,  a  deference  to  existing  prejudices,  perhaps  the  ac 
knowledged  difficulties  in  every  system,  have  hitherto  pre 
vented  any  change  in  the  existing  laws  ;  but  the  subject  has 
demanded,  and  so  often  received,  during  half  a  century,  the 


308  JEFFERSON. 

attention  of  distinguished  philosophers  and  enlightened 
statesmen,  in  this  country,  and  in  France,  England,  arid 
Spain,  that  the  hope  does  not  appear  altogether  groundless, 
of  estahlishing  by  their  mutual  efforts,  a  grand,  useful,  and 
general  system.  Whether  this  be  the  case  or  not,  however, 
we  trust  that  the  views  of  Mr.  Jefferson  will  never  be  lost 
sight  of  among  his  own  countrymen,  and  that  an  important 
improvement  will  not  be  relinquished,  from  a  fear  that  their 
habits  are  so  firmly  fixed  as  to  preclude  its  introduction. 
The  partial  failure  of  a  similar  attempt  in  France  could 
afford  no  argument  against  it ;  the  scheme  was  there,  one  of 
the  hasty  plans  of  the  revolutionary  government,  blended 
with  others  less  necessary  and  judicious,  precipitately 
adopted,  and  carelessly  abandoned ;  it  was  introduced 
among  a  people  brought  up  in  the  midst  of  ancient  prejudi 
ces,  and  comparatively  ignorant  and  unenlightened,  who  still 
preserved  the  customs,  and  held  in  reverence  many  of  the  su 
perstitions  of  their  ancestors,  and  were  naturally  reluctant  to 
admit  the  improvements  of  science.  Such,  however,  could  not 
be  the  result,  in  a  nation  where  reason  and  improvement 
hold  the  sway  they  do  in  the  United  States.  The  evident 
advantage  of  a  new  system,  quickly  wrought  a  change  in 
their  currency,  connected  as  it  is  so  intimately  with  all  the 
relations  of  social  intercourse,  and  had  the  provisions  of  the 
report  which  we  have  mentioned,  been  at  once  adopted, 
it  is  not  improbable  that  we  should  be  now  successfully 
enjoying  all  the  benefits  of  a  system  founded  in  science. 

On  the  eighteenth  of  January,  1791,  Mr.  Jefferson  made  a 
report,  as  secretary  of  state,  on  the  subject  of  tonnage  duties 
payable  by  France.  Very  soon  after  the  meeting  of  the  first 
congress,  the  same  subject  had  been  discussed  in  that  body, 
•with  considerable  animation,  and  an  act  had  passed  the 


JEFFERSON.  309 

house  of  representatives,  embracing  a  discrimination  in  these 
duties  highly  favourable  to  France.  The  principle  thus 
adopted,  coincided  with  the  general  sentiments  of  the  nation, 
and  appeared  to  be  called  for,  not  by  this  circumstance  only, 
but  by  the  strongest  dictates  of  national  gratitude,  as  well 
as  those  of  sound  policy.  The  discrimination,  however, 
was  rejected  by  the  senate,  and  the  house  of  representatives 
were  obliged  reluctantly  to  yield.  What  it  was  thus  deemed 
inexpedient  to  grant,  even  as  a  matter  of  favour  or  policy, 
the  French  government  demanded  as  a  right,  under  the  treaty 
of  amity  and  commerce  of  1778.  The  demand  was  referred 
to  Mr.  Jefferson,  by  the  president,  and  elicited  from  him  the 
able  report  to  which  we  have  alluded.  In  this  he  clearly 
proved,  that  the  article  of  the  treaty  on  which  the  French 
government  founded  their  claim,  was  evidently  meant  to  ex 
tend  no  further  than  to  the  exemption  of  the  United  States 
from  a  duty  from  which  other  favoured  nations  were  also 
exempted,  and  that  in  return  France  could  claim  of  our 
government,  no  greater  advantages  than  favoured  nations 
also  received  from  us.  That  if  the  article  in  question  had  a 
more  extended  relation,  it  applied  reciprocally  to  each  go 
vernment,  and  would  lead  to  the  mutual  abolition  of  duties, 
highly  useful  to  both,  and  to  consequences  in  which  it  was 
hardly  conceivable,  that  either  party  could  see  its  interest. 
But  he  appears  to  incline  to  the  opinion,  that  if  France  per 
sisted  in  claiming  this  exemption,  there  were  extrinsic  causes 
which  might  justify,  and  even  render  advisable,  some  relaxa 
tion  in  her  favour  ;  not  on  the  grounds  on  which  it  was  de 
manded,  but  from  the  effect  it  would  have  on  the  finances, 
revenue,  and  commerce  of  our  own  country.  This  report,  the 
president  immediately  submitted  to  the  senate  of  the  United 
States. 


310  JEFFERSON. 

But  the  foreign  relations  of  the  country,  were  not  the  only 
subject,  on  which  the  opinions  of  congress  were  divided,  dur 
ing  the  session  of  1791.  The  secretary  of  the  treasury,  in 
introducing  his  celebrated  system  of  finance,  had  recom 
mended  the  establishment  of  a  national  bank,  as  necessary  to 
its  easy  and  prosperous  administration.  A  bill,  conforming 
to  the  plan  he  suggested,  was  sent  down  from  the  senate,  and 
was  permitted  to  proceed  unmolested,  in  the  house  of  repre 
sentatives,  to  a  third  reading.  On  the  final  question,  how 
ever,  a  great,  and  it  would  seem  an  unexpected  .opposition 
was  made  to  its  passage  ;  and  after  a  debate  of  considerable 
length,  which  was  supported  on  both  sides  with  ability,  and 
with  that  ardour  which  was  naturally  excited  by  the  import 
ance  attached  by  each  party  to  the  principle  in  contest,  the 
question  was  put,  and  the  bill  carried  in  the  affirmative  by  a 
majority  of  nineteen  voices. 

The  point  which  had  been  agitated  with  so  much  zeal  in 
the  house  of  representatives,  was  examined  not  less  delibe 
rately  by  the  executive.  The  advice  of  each  minister,  with 
his  reasoning  in  support  of  it,  was  required  in  wrriting,  and 
their  arguments  were  considered  by  the  president  with  all 
that  attention  which  the  magnitude  of  the  question,  and  the 
interest  taken  in  it  by  the  opposing  parties,  so  eminently 
required. 

The  opinion  of  Mr.  Jefferson,  am]  it  agreed  with  that  of 
the  attorney  general,  was  decided.  He  believed  that  con 
gress,  in  the  passage  of  the  bill,  had  clearly  transcended  the 
powers  granted  them  by  the  constitution.  That  as  a  body, 
with  limited  authority,  they  were  strictly  confined  to  the 
exercise  of  those  powers  which  were  granted  to  them,  and 
that  to  their  exercise,  an  establishment  of  such  vast  power 
and  influence,  was  neither  incidental  nor  necessary.  That 


JEFFERSON.  311 

even  if  a  free  interpretation  of  the  constitution,  seemed  to 
authorize  that  which  was  no  where  expressly  allowed,  it  was 
still  hotter  for  those  who  were  exerting  merely  a  delegated 
power,  to  confine  themselves  within  limits  which  were  well 
known,  and  where  their  power  was  universally  acknow 
ledged,  than  to  assume  as  a  right,  what  was  at  least  consi 
dered  as  doubtful,  hy  a  large  and  intelligent  portion  of  their 
constituents. 

The  views  of  the  secretary  of  the  treasury  were  equally 
decided,  in  favour  of  the  establishment.  The  president,  after 
receiving  their  opinions,  weighing  their  reasons,  and  examin 
ing  the  subject,  deliberately  made  up  his  mind  in  favour  of 
the  constitutionality  of  the  law,  and  gave  it  the  sanction  of 
his  name.  This  circumstance,  together  with  the  renewal  of 
the  charter  of  the  bank,  at  a  subsequent  period,  may  perhaps 
be  considered  sufficient,  to  settle  the  legality,  as  well  as  the 
policy,  of  the  measure ;  yet  none  will  regret  that  it  was 
adopted  with  so  much  hesitation,  and  that  it  led  to  so  seri 
ous  a  discussion  of  the  fundamental  principles  of  our  go 
vernment.  It  was  a  matter  of  high  importance,  at  that 
early  period,  when  experience  had  afforded  no  lessons,  when 
the  remote  effects  and  bearings  of  any  act  were  unknown, 
and  when  the  people  were  naturally  and  properly  jealous 
of  the  slightest  infringement  of  the  rights  they  had  reserved, 
that  nothing  which  could  be  construed,  even  by  the  ignorant, 
into  the  unwarranted  assumption  of  power,  should  be  done 
without  the  utmost  calmness,  inquiry,  and  deliberation. 

On  the  first  of  February,  1791,  Mr.  Jefferson  presented  to 
the  house  of  representatives,  an  elaborate  and  valuable  re 
port,  on  the  subject  of  the  cod  and  whale  fisheries.  Before 
the  revolution,  a  large  number  of  seamen,  and  a  great  amount 
of  tonnage,  were  successfully  employed  in  this  trade ;  but 


312  JEFFERSON. 

(luring  the  war  it  had  been  almost  annihilated,  and  now  re 
quired  the  immediate  and  efficient  aid  of  the  government  to 
restore  it.     It   was  too  valuable  to   be  neglected.     To   a 
maritime  nation,  its  preservation  was  of  vital  and  acknow 
ledged  importance.     It  afforded  employment  and  subsistence 
to  the  inhabitants  of  a  sandy  and  rocky  district,  who  had  no  re 
source  in  agriculture ;  by  augmenting  the  quantity  of  food,  it 
reduced  the  prices  of  all  the  necessaries  of  life,  and  thus  im 
proved  the  condition  of  the  labouring  classes,  especially  on 
the  sea  coast;  it  was  the  means  of  rearing  and  supporting  a 
hardy  race  of  men,  useful  alike  in  extending  and  defending 
the  commerce  of  the  country,  as  it  afforded  a  sure  nursery  of 
excellent  seamen,  both  for  the  public  vessels,  and  the  rapidly 
increasing  trade  of  the  United  States  ;  an  object  of  immense 
importance,  when  the  scarcity  of  labour,  and  the  readiness 
with  which  employment  could  be  found,  in  less  arduous  pur 
suits,  were  taken  into  view.     Impressed  with  these  conside 
rations,  congress  very  early  determined  to  give  the  subject 
that  investigation,   which   its  importance  demanded.     The 
report  of  Mr.  Jefferson  was  accordingly  made.     In  it  he  en 
ters  with  sufficient  minuteness,  into  an  historical  view  of  the 
rise  and  progress  of  the  trade,  both  among  ourselves  and 
foreign  nations ;  he  points  out  distinctly  the  facilities  afford 
ed  by  our  situation,   the  cheapness  and  excellence  of  our 
vessels,  and  the  superiority  of  our  mariners ;  the  disadvan 
tages  under  which  we  labour,  from  the  prohibitory  policy  of 
other  nations,  and  the  means  they  have  used,  directly  and 
indirectly,  to  destroy  our  trade  ;  and  concludes  with  recom 
mending  to  congress,  the  adoption  of  such  measures  as  he 
conceives  sufficient  to  restore  the  confidence  and  energy  of 
those  engaged  in  it,  to  defeat  the  efforts  of  foreign  govern- 
ments,   and  open   new  markets  for  our  enterprise.     The 


JEFFERSON.  313 

utility  of  these  measures  was  acknowledged,  and  the  adop 
tion  of  this  policy  has  secured  to  us  a  hranch  of  trade 
and  domestic  enterprise,  which  cannot  be  too  highly  appre 
ciated. 

Towards  the  close  of  this  year,  1791,  Mr.  Jefferson  he- 
came  involved  in  a  discussion  with  Mr.  Hammond,  the 
British  minister,  of  considerable  length  and  importance. 
It  arose,  in  the  first  instance,  out  of  the  provisions  in  the 
original  treaty  of  peace,  between  the  United  States  and 
Great  Britain.  Soon  after  the  termination  of  the  war,  each 
party  had  charged  the  other  with  a  violation  of  its  engage 
ments.  The  charge  could  not  be  entirely  controverted  by 
either.  At  length,  however,  the  opening  of  a  diplomatic 
intercourse,  by  the  reception  of  Mr.  Hammond  and  the 
appointment  of  Mr. '  Pinckney,  seemed  to  afford  a  proper 
opportunity  for  bringing  these  differences  to  a  close,  and  for 
fixing  the  principles,  which  might  serve  as  the  basis  of  a  de 
finitive  commercial  arrangement  between  the  two  countries. 
Accordingly,  soon  after  the  arrival  of  the  British  minister, 
Mr.  Jefferson  called  his  attention  to  the  seventh  article  of 
the  treaty,  which  contained  stipulations  against  carrying 
away  negroes  or  destroying  any  American  property,  and 
secured  the  removal  or  evacuation  by  the  British  forces  of 
all  posts  within  the  limits  of  the  United  States.  To  this 
letter  Mr.  Hammond  promptly  replied,  that  his  government 
had  only  been  induced  to  suspend  the  execution  of  that 
article,  by  the  non-compliance  of  the  United  States  with  the 
engagements  they  had  made,  in  the  same  treaty,  to  secure 
the  payment  of  debts  justly  due  to  British  creditors,  and  to 
stop  all  confiscations  and  prosecutions  against  British  sub 
jects.  This  was  followed  on  both  sides,  by  an  exposition  of 
the  various  circumstances  relied  on  to  support  the  grounds 
VOL.  IV.-R  r 


314  JEFFERSON. 

that  had  heen  respectively  assumed ;  and  while  on  the  one 
hand,  the  refusal  to  evacuate  the  military  stations  was  ac 
knowledged,  it  cannot  on  the  other  he  denied,  that  the  terms 
of  the  treaty  did  not  appear,  in  several  important  instances, 
to  have  been  strictly  complied  with.  To  account  for  this, 
Mr.  Jefferson,  on  the  twenty- second  of  May,  addressed  to 
Mr.  Hammond  a  long  and  circumstantial  letter.  Placing 
out  of  view,  all  the  acts  which  had  occurred  during  the  war, 
as  recollections  equally  unprofitable  and  unconciliatory,  and, 
to  use  his  own  language,  dropping  for  ever  the  curtain  on 
that  tragedy,  he  proceeds  to  show,  and  with  no  little  success, 
that  the  acts  complained  of  by  the  British  government,  were 
no  infraction  of  the  treaty;  that  on  the  subject  of  exile  and 
confiscation,  congress  only  could  and  did  stipulate,  to  re 
commend  it  to  the  individual  states,  -and  that  the  stipu 
lation  was  so  understood  by  both  parties,  nor  was  it 
indeed  denied  that  the  recommendation  had  been  earnestly 
and  faithfully  made;  that  the  British  infractions  had  pre 
ceded,  and  thereby  produced,  the  acts  complained  of,  as 
obstacles  to  the  recovery  of  the  debts,  thus  justifying,  on  our 
part,  a  resort  to  retaliatory  measures ;  but  tbat  even  those 
acts,  being  the  proceedings  of  individual  states,  were  con 
trolled  by  the  treaty,  and*  that  anxious,  not  even  to  leave 
the  shadow  of  doubt,  they  had  already  been  repealed,  in 
every  state  of  the  Union  but  one.  That  the  claim  set  up  by 
the  British  creditors  for  interest  during  the  war,  was  not 
given  by  the  treaty,  was  not  generally  allowed  in  other 
countries,  and  was  fairly  a  subject  that  should  be  left  to  the 
decision  of  the  legal  tribunals,  without  imputing  to  them 
palpable  wrong,  or  making  it  a  pretence  for  not  executing 
the  treaty.  "These  things,"  concludes  Mr.  Jefferson, 
"  being  evident,  I  cannot  but  flatter  myself,  after  the  assu- 


JEFFERSON.  315 

ranees  received  from  you  of  his  Britannic  Majesty's  desire  to 
remove  every  occasion  of  misunderstanding  from  between 
us,  that  an  end  will  now  be  put  to  the  disquieting  situation  of 
the  two  countries,  by  as  complete  execution  of  the  treaty  as 
circumstances  render  practicable  at  this  late  day.  That  it  is 
to  be  done  so  late,  has  been  the  source  of  heavy  losses  of 
blood  and  treasure  to  the  United  States.  Still  our  desire  of 
friendly  accommodation  is,  and  has  been  constant.  These 
difficulties  being  removed  from  between  the  two  nations,  I 
am  persuaded  the  interests  of  both  will  be  found  in  the  strict 
est  friendship.  The  considerations  which  lead  to  it,  are  too 
numerous  and  forcible  to  fail  of  their  effect ;  and  that  they 
may  be  permitted  to  have  their  full  effect,  no  one  wishes 
more  sincerely  than  myself."  To  this  letter  no  reply  was 
ever  received  ;  and  although  the  subject  was  from  time  to 
time  renewed,  it  seems  to  have  been  attended  with  no  other 
result,  than  confirming  each  party  in  its  original  impres 
sions.  The  whole  controversy  was  finally  merged  in  the 
more  important  differences  which  afterwards  arose  between 
the  two  countries,  and  was  incorporated  at  length  in  the 
definitive  negotiations  which  terminated  in  the  treaty  of 
1794. 

Nor  was  Great  Britain  the  only  country,  with  which  the 
United  States  were,  about  this  time,  involved  in  a  contro 
versy  of  much  delicacy  and  importance.  As  early  as  the 
revolutionary  war,  the  Spanish  government  appears  to  have 
contemplated,  with  considerable  apprehension,  the  probable 
future  strength  of  the  new  republic,  and  to  have  strongly 
desired  to  restrain  it,  within  the  most  confined  limits,  towards 
the  south  and  west.  After  the  conclusion  of  the  war,  at 
tempts  to  form  a  treaty  had  been  repeatedly  made,  but  with 
out  any  advance  towards  an  agreement,  on  the  point  of  differ- 


316  JEFFERSON. 

ence  between  the  two  countries.  These  points  were  chiefly^ 
the  settlement  of  our  boundaries,  the  exclusion  of  our  citizens 
from  navigating  the  Mississippi  below  our  southern  limits,  the 
interference  with  the  neighbouring  Indian  tribes,  the  restitu 
tion  of  property  carried  away,  the  surrender  of  fugitives  from 
justice  escaping  within  the  territories  of  each  other,  and  the 
arrangement  of  the  general  principles  of  a  commercial  treaty. 
About  the  close  of  the  year  1791,  however,  Mr.  Jefferson 
reported  to  the  president,  that  the  Spanish  government,  ap 
prised  of  our  solicitude  to  have  some  arrangement  made, 
respecting  the  free  navigation  of  the  Mississippi,  were  ready 
to  enter  into  a  treaty  on  the  subject  at  Madrid.  This,  it 
was  true,  referred  merely  to  one  of  the  matters  then  unset 
tled,  but  it  was  of  too  much  importance  to  be  neglected; 
and  accordingly  commissioners  were  appointed,  without  de 
lay,  to  proceed  to  Spain,  and  their  powers  were  extended 
to  include  the  other  arrangements,  which  it  was  desired 
should  be  made  between  the  two  countries.  In  the  spring 
of  1792,  Mr.  Jefferson  drew  up  his  observations  on  the  seve 
ral  subjects  of  negotiation,  to  be  communicated  by  way  of 
instruction  to  the  two  commissioners.  As  the  negotiation 
itself,  was  one  of  the  most  difficult,  intricate,  and  vexatious 
in  which  the  government  has  ever  been  engaged,  so  are  these 
documents  among  the  most  important  and  valuable,  that  have 
arisen  out  of  our  relations  with  foreign  powers.  In  the  first 
place,  the  absurdity  of  a  claim  set  up  by  Spain  to  possessions 
within  the  state  of  Georgia,  founded  on  her  having  rescued 
them  by  force  from  the  British  during  the  war,  is  clearly 
established  ;  and  it  is  shown,  that  the  boundary  between  the 
possessions  of  the  two  countries,  must  rest  as  it  had  been 
fixed  by  former  treaties.  The  next  and  most  important  sub 
ject,  the  navigation  of  the  Mississippi,  is  treated  more  in  de- 


JEFFERSON.  317 

tail.  Our  right  to  use  that  river,  from  its  source  to  where 
our  southern  boundary  touched  it,  was  not  denied  ;  it  was 
only  from  that  point  downward,  that  the  exclusive  navigation 
was  claimed  by  Spain.  Our  right  to  participate  in  it,  how 
ever,  Mr.  Jefferson  contended,  was  established  at  once  by 
former  treaties,  and  by  the  law  of  nature  and  nations.  By 
the  treaty  of  1763,  the  right  of  navigating  the  river  in  its 
whole  length  and  breadth,  from  its  source  to  sea,  was  ex 
pressly  secured  to  all,  at  that  time,  the  subjects  of  Great 
Britain.  By  the  treaty  of  1782,  this  common  right  was 
confirmed  to  the  United  States,  by  the  only  power  who  could 
pretend  to  claim  against  them,  founded  on  the  state  of  war. 
By  the  law  of  nature  and  nations,  he  remarks,  if  we  appeal 
to  it  as  we  feel  it  written  on  the  heart  of  man,  what  senti 
ment  is  written  in  deeper  characters  than  that  the  ocean  is 
free  to  all  men,  and  their  rivers  to  all  their  inhabitants?  Is 
there  a  man,  savage  or  civilized,  unbiassed  by  habit,  who 
does  not  feel  arid  attest  this  truth?  Accordingly,  in  all  tracts 
of  country  united  under  the  same  political  society,  we  find 
this  natural  right  universally  acknowledged  and  protected, 
by  laying  the  navigable  rivers  open  to  all  their  inhabitants. 
When  their  rivers  enter  the  limits  of  another  society,  if  the 
right  of  the  upper  inhabitants  to  descend  the  stream  is  in 
any  case  obstructed,  it  is  an  act  of  force  by  a  stronger  society 
against  a  weaker,  condemned  by  the  judgment  of  mankind. 
If  we  appeal  to  the  law  of  nature  and  nations,  as  expressed 
by  writers  on  the  subject,  it  is  agreed  by  them,  that  were  the 
river,  where  it  passes  between  Florida  and  Louisiana,  the 
exclusive  right  of  Spain,  still  an  innocent  passage  along  it  is 
a  natural  right  in  those  inhabiting  its  borders  above.  It 
would  indeed  be  what  those  writers  call  an  imperfect  right, 
because  the  modification  of  its  exercise  depends,  in  a  con- 


3J8  JEFFERSON. 

siderable  degree,  on  the  conveniency  of  the  nation  through 
which  they  are  to  pass.  But  it  is  still  a  right  as  real  as  any 
other  right,  however  well  defined;  and  were  it  to  he  refused, 
or  to  be  so  shackled  by  regulations  not  necessary  for  the 
peace  or  safety  of  its  inhabitants,  as  to  render  its  use  im 
practicable  to  us,  it  would  then  be  an  injury,  of  which  we 
should  be  entitled  to  demand  redress.  This  right  of  naviga 
tion,  therefore,  as  well  as  that  of  mooring  vessels  to  its  shores, 
of  landing  on  them  in  case  of  distress,  or  for  other  necessary 
purposes,  is  established  and  supported,  at  considerable  length, 
and  with  great  learning  and  intelligence. 

As  the  basis  of  a  commercial  treaty,  Mr.  Jefferson  pro 
posed  to  exchange,  between  the  two  countries,  the  rights  of 
native  citizens,  or  the  privileges  mutually  granted  to  the 
most  favoured  nations.  With  respect  to  fugitives,  he  stated 
it  as  his  opinion,  that  by  the  law  of  nature,  no  nation  has  a 
right  to  punish  a  person  who  has  not  offended  itself;  but  that 
murder  was  a  crime  so  atrocious  and  imminently  dangerous 
to  society,  as  to  justify  a  denial  of  habitation,  arrest,  and  de 
livery;  carefully  restraining  it,  however,  to  homicide  of 
malice  prepense,  and  not  of  the  nature  of  treason.  Treason, 
he  observed,  when  real,  merits  the  highest  punishment. 
But  most  codes  extend  their  definitions  of  treason  to  acts 
not  really  against  one's  country.  They  do  not  distinguish 
between  acts  against  the  government,  and  acts  against  the 
oppressions  of  the  government.  The  latter  are  virtues,  yet 
have  furnished  more  victims  to  the  executioner  than  the  for 
mer  :  because  real  treasons  are  rare,  oppressions  frequent. 
The  unsuccessful  strugglers  against  tyranny,  have  been  the 
chief  martyrs  of  treason  laws  in  all  countries.  We  should 
not  wish,  therefore,  to  give  up  to  the  executioner  the  patriot 
who  fails  and  flees  to  us ;  and  treasons,  on  the  whole,  taking 


JEFFERSON.  319 

the  simulated  with  the  real,  are  sufficiently  punished  by 
exile.  Crimes  against  property,  and  flights  from  debts,  are 
not  of  such  a  nature,  as  to  authorize  the  delivery  of  the 
offender:  they  may  be  punished  in  the  tribunals  of  the  nation 
where  he  is  found  ;  and  these  tribunals,  it  ought  to  be  stipu 
lated,  shall  be  open  to  the  claimant  from  a  neighbouring 
nation,  in  like  manner  as  they  are  open  to  their  own  citizens. 
On  the  remaining  subject  of  controversy,  the  interfe 
rence  with  the  neighbouring  Indians,  such  had  been  the 
perverse  conduct  of  the  Spanish  government,  that  it  became 
necessary  to  address  them  directly,  in  the  most  decided 
terms.  "We  love  and  we  value  peace,"  observes  Mr. 
Jefferson  ;  "  ws  know  its  blessings  from  experience ;  unmed- 
dling  with  the  affairs  of  other  nations,  we  had  hoped  that  our 
distance  and  our  dispositions,  would  have  left  us  free,  in  the 
example  and  indulgence  of  peace  with  all  the  world.  We 
had  with  sincere  and  particular  dispositions,  courted  and 
cultivated  the  friendship  of  Spain.  Cherishing  the  same 
sentiments,  we  have  chosen  to  ascribe  the  unfriendly  insinua 
tions  of  the  Spanish  commissioners,  in  their  intercourse  with 
the  government  of  the  United  States,  to  the  peculiar  character 
of  the  writers,  and  to  remove  the  cause  from  them  to  their 
sovereign,  in  whose  justice  and  love  of  peace  we  have  confi 
dence.  If  we  are  disappointed  in  this  appeal,  if  we  are  to  be 
forced  into  a  contrary  order  of  things,  our  mind  is  made  up, 
we  shall  meet  it  with  firmness.  The  necessity  of  our  posi 
tion  will  supersede  all  appeal  to  calculation  now,  as  it  has 
done  heretofore.  We  confide  in  our  own  strength,  without 
boasting  of  it:  we  respect  that  of  others,  without  fearing  it. 
If  Spain  chooses  to  consider  our  self-defence  against  savage 
butchery  as  a  cause  of  war  to  her,  we  must  meet  her  also 
in  war,  with  regret  but  without  fear;  and  we  shall  be  hap- 


320  JEFFERSON. 

pier,  to  the  last  moment,  to  repair  with  her  to  the  tribunal  of 
peace  and  reason." 

The  importance  of  these  various  objects  of  negotiation,  will 
not  be  denied ;  it  appears  to  have  been  equally  the  interest 
of  each  nation,  that  they  should  at  least  be  placed  on  some 
definite  footing.  The  Spanish  government,  however,  beheld 
with  dread  any  measure  which  would  extend  the  limits  of 
the  United  States,  or  confirm  to  them  privileges  on  the 
frontier,  to  which  their  claim  was  even  doubtful.  All  the 
efforts  of  Mr.  Jefferson  were  in  vain ;  the  negotiation  was 
protracted  by  artificial  delays,  and  it  was  not  until  some 
years  after,  when  embarrassed  by  an  unsuccessful  war,  and 
perhaps  conscious  of  her  own  increasing  weakness,  and  the 
rising  power  of  the  republic,  that  Spain  reluctantly  con 
sented  to  accede  to  a  few  of  the  propositions,  which  had  been 
so  often  and  so  zealously  urged  by  the  United  States.  It 
finally  remained,  however,  for  the  distinguished  states 
man  who  now  presides  over  the  republic,  to  complete, 
in  our  own  day,  with  honour  and  success,  the  task  which 
had  been  commenced  so  long  before,  by  his  illustrious  pre 
decessor. 

In  the  spring  of  the  year  1793,  a  negotiation  was  begun, 
arising  out  of  circumstances,  more  directly  affecting  the 
present  and  future  situation,  and  involving  the  political  rights 
of  the  United  States,  than  any  that  had  occurred  since  the 
formation  of  the  constitution.  It  was  the  question  of  her 
neutral  policy  and  rights.  Early  in  April,  the  declaration 
of  war  made  by  France  against  Great  Britain  and  Holland, 
reached  America.  Scarcely  was  this  event  known,  before  in 
dications  were  given  in  some  of  the  seaports,  of  a  disposition  to 
engage  in  the  unlawful  business  of  privateering  on  the  com 
merce  of  the  belligerent  powers.  The  subject  was  too  interest- 


JEFFERSON. 

ing  and  important,  to  be  treated  either  with  precipitation  or 
neglect;  and,  on  the  nineteenth  of  April,  the  heads  of  depart 
ment  and  the  attorney  general  met  at  the  president's  house,  to 
consult  with  him  on  the  measures  which  the  occasion  demanded. 
Every  feeling  of  sympathy,  generosity,  and  gratitude  was 
enlisted  in  the  cause  of  France;  she  was  holdly  struggling 
against  the  leagued  nations  of  Europe,  for  the  preservation 
of  her  natural  and  domestic  rights,  from  foreign  aggression  ; 
she  was  endeavouring  to  ohtain,  for  her  own  oppressed  peo 
ple,  those  liberties,  laws,  and  institutions,  which  she  had 
generously  aided  us  in  maintaining ;  and  if,  in  the  excess  of 
popular  frenzy,  or  under  the  instigation  of  ambitious  and 
unprincipled  leaders,  the  bounds  of  propriety,  or  of  moral 
right,  were  sometimes  past,  it  was  to  be  attributed  to  long 
ages  of  ignorance  and  oppression,  to  the  unrestrained  exult 
ation  of  a  new  and  almost  unexpected  freedom,  not  held  up 
as  the  justification  of  foreign  invasion,  or  the  excuse  for  illi 
beral  conduct  and  violated  treaties.  Such  feelings  were  alike 
honourable  and  correct ;  they  were  the  general  and  sponta 
neous  feelings  of  the  American  people.  Yet  it  was  the 
anxious  desire  of  the  administration,  that  even  while  this 
feeling  was  indulged,  nothing  should  be  done  to  destroy  that 
relation  to  foreign  powers,  which  was  deemed  most  beneficial 
to  our  interests  and  happiness ;  that  policy  which  has  since 
been  so  emphatically  confirmed,  of  preserving  peace,  com 
merce,  and  friendship  with  all  nations,  and  forming  en 
tangling  alliances  with  none.  The  president,  therefore,  sub 
mitted  to  his  council  a  proclamation,  forbidding  the  citizens 
of  the  United  States  to  take  part  in  any  hostilities  on  the 
seas  with,  or  against,  any  of  the  belligerent  powers ;  warn 
ing  them  against  carrying  to  any  of  those  powers,  articles 
deemed  contraband  according  to  the  modern  usages  of  nations, 
VOL.  IV.— S  » 


322  JEFFERSON. 

and  enjoining  them  from  all  acts  inconsistent  with  the  duties 
of  a  friendly  nation  towards  those  at  war.  The  adoption  of 
this  proclamation  was  unanimously  advised,  and  it  was  ac 
cordingly  issued  on  the  twenty-second  of  April. 

The  next  point  submitted  by  the  president,  was  the  pro 
priety  of  receiving  a  minister  from  the  French  republic ;  this 
he  was  advised  to  do  with  equal  unanimity.  But  it  was  at 
the  same  time  suggested,  by  some  members  of  the  adminis 
tration,  that  from  the  turbulence  and  fury  which  had  marked 
the  late  proceedings  in  France,  from  their  doubts  whether 
the  present  possessors  had  not  obtained  it  by  unjustifiable 
violence,  and  from  the  danger  they  apprehended  to  the 
United  States,  from  too  close  a  connexion  with  the  new  re 
public,  it  was  expedient,  while  we  gave  its  minister  an  un 
qualified  reception,  candidly  to  apprise  him,  that  we  should 
reserve  for  future  discussion,  the  question,  whether  the  opera 
tion  of  our  treaties,  ought  not  to  be  deemed  temporarily  or  pro 
visionally  suspended.  This  extraordinary  doctrine,  not  less 
needless  than  illiberal,  was  decidedly  opposed  by  Mr.  Jeffer 
son,  who  at  once  expressed  his  opinion,  that  no  cause  existed 
for  departing  in  the  present  instance  from  the  usual  mode  of 
acting  on  such  occasions.  The  revolution  in  France,  he  con 
ceived,  had  produced  no  change  in  the  relations  between  the 
two  nations  ;  the  obligations  created  by  pre-existing  treaties 
remained  the  same ;  and  there  was  nothing  in  the  alteration 
of  government,  or  in  the  character  of  the  war,  which  could 
impair  the  right  of  France  to  demand,  or  weaken  the  duty 
of  the  United  States  faithfully  to  comply  with  the  engage 
ments  which  had  been  solemnly  formed.  In  this  opinion  the 
president  concurred  ;  and  determined  to  receive  the  minister 
of  the  republic,  without  qualifying  that  act  by  any  explana 
tions. 


JEFFERSON.  333 

The  principles  thus  established,  were  called  into  immedi 
ate  operation.  The  citizen  Genet,  a  gentleman  of  consider 
able  talents,  but  of  a  te/nper  naturally  ardent,  and  particu 
larly  excited  by  the  passions  and  politics  of  the  day,  arrived 
just  at  this  time  in  Charleston,  as  minister  from  France.  He 
was  welcomed  by  the  people  with  unbounded,  and  not  unna 
tural  enthusiasm,  as  the  first  representative  of  a  new  republic, 
and  the  ambassador  of  an  old  and  generous  ally.  From  the 
publications  of  that  period,  his  progress  through  the  country 
seems  rather  to  have  been  a  triumphal  procession,  than  the 
journey  of  an  unknown  stranger,  and  in  the  failure  of  his 
subsequent  measures,  he  could  look  only  to  their  impropriety 
and  his  own  intemperance  or  imprudence.  Either  distrust 
ing  the  concurrence  of  the  American  government,  or  too  ar 
dent  to  wait  for  it,  in  a  few  days  after  his  landing  in 
Charleston,  he  undertook  to  authorize  the  fitting  and  arming 
of  vessels  in  that  port,  enlisting  men,  and  giving  commissions 
to  cruise  and  commit  hostilities  on  nations,  with  which  the 
United  States  were  at  peace.  These  proceedings  of  course 
produced  immediate  complaints,  and  before  the  arrival  of  the 
ambassador  at  the  seat  of  government,  before  he  was  accre 
dited  as  a  minister,  a  long  catalogue  of  grievances  committed 
by  him,  had  been  made  to  the  president.  Mr.  Jefferson  im 
mediately  addressed  a  letter  to  Mr.  Ternan,  the  French 
minister,  residing  at  Philadelphia.  In  it  he  candidly  stated 
the  determination  of  the  government,  and  expressed  his  sur 
prise  at  the  assumption  of  jurisdiction  by  an  officer  of  a 
foreign  power,  in  cases  which  had  not  been  permitted  by  the 
nation,  within  whose  limits  it  had  been  exercised. 

Mr.  Genet  arrived  in  Philadelphia  on  the  following  day, 
and  from  that  period  a  correspondence  commenced,  which 
was  continued  without  interruption  as  long  as  Mr.  Jefferson 


324  JEFFERSON 

occupied  the  department  of  state.  The  letters  of  Mr.  Jeffer 
son  take  up,  in  succession,  the  different  assertions  which  were 
made,  and  views  which  were  entertained  by  the  French  mi 
nistry,  answering  and  refuting  them,  always  with  success,  and 
frequently  with  singular  happiness  and  ingenuity.  The  lan 
guage  and  conduct  he  had  used  in  his  intercourse  with  the 
American  government,  and  the  unwarrantable  expressions  in 
which  he  had  indulged,  when  speaking  of  the  illustrious  man 
at  its  head,  were  treated  with  the  indignation  and  contempt 
they  merited.  The  spirit  of  friendship  for  the  nation  was 
carefully  preserved,  while  the  unauthorized  aggressions  of 
its  agent  were  resisted,  and  his  insinuations  repelled  and 
denied.  This  correspondence,  indeed,  forms  one  of  the  most 
important  features  in  the  history  of  the  United  States,  as  it  is 
the  foundation  of  a  policy,  which  it  has  been  the  invariable 
aim  of  the  government,  since  that  period,  to  follow ;  and  it 
contains  nearly  all  the  important  principles,  in  the  conduct 
of  a  neutral  nation,  which  have  since  been  more  fully  deve 
loped  and  supported. 

Mr.  Jefferson's  participation  in  the  government  was  now 
drawing  to  a  close.  As  his  last  important  official  act,  in 
pursuance  of  a  resolution  passed  some  time  before,  he  pre 
sented  to  congress,  on  the  sixteenth  of  December,  1793,  a 
report  on  the  nature  and  extent  of  the  privileges  and  restric 
tions  of  the  commercial  intercourse  of  the  United  States 
"with  foreign  nations,  and  the  measures  which  he  thought 
proper  to  be  adopted  for  the  improvement  of  their  commerce 
and  navigation. 

In  this  report,  which  has  been  ever  considered  as  one  of 
great  importance,  he  enumerates  in  the  first  place,  the  articles 
of  export,  with  their  value  to  the  several  nations  with  whom 
we  have  carried  on  a  commercial  intercourse.  He  then  pro- 


JEFFERSON.  325 

ceeds  to  point  out  minutely,  the  various  restrictions  which 
they  have  placed  on  that  intercourse,  and  calls  the  attention 
of  congress  to  the  hest  modes  of  removing,  modifying,  or 
counteracting  them.  These  he  states  to  he  twofold  :  first,  hy 
friendly  arrangements  with  the  several  nations  with  whom 
these  restrictions  exist:  or,  secondly,  hy  separate  legislative 
acts  for  countervailing  their  effects. 

He  gave  a  decided  preference  to  friendly  arrangements. 
Instead  of  embarrassing  commerce  under  piles  of  regulating 
laws,  duties,  and  prohibitions,  he  thought  it  was  desirable 
that  it  should  be  relieved  from  all  its  shackles  in  all  parts  of 
the  wTorld.  If  even  a  single  nation  would  unite  with  the 
United  States  in  this  system  of  free  commerce,  he  deemed  it 
advisable  to  begin  it  with  that  nation  ;  while,  with  regard  to 
such  as  supposed,  contrary  to  the  wishes  of  America,  that  it 
was  more  advantageous  to  continue  a  system  of  prohibitions, 
duties,  and  regulations,  it  would  behove  the  United  States  to 
protect  their  citizens,  their  commerce,  and  navigation,  by 
counter  prohibitions,  duties,  and  regulations  also.  These 
views  are  then  pursued  at  considerable  length,  the  protection 
of  our  navigation  strenuously  recommended,  the  principles  of 
national  reciprocity  pointed  out  and  enforced,  and  the  neces 
sity,  or  at  least  the  propriety  advocated,  should  these  prin 
ciples  be  neglected,  of  establishing  regulations  and  prohibi 
tions  coextensive  with  those  experienced  by  the  United  States, 
but  finally  indulging  the  hope  that  friendly  arrangements  may 
be  made,  equally  beneficial  to  all  commercial  nations. 

This  report  gave  rise  to  one  of  the  longest  and  most  inte 
resting  discussions,  which  has  ever  agitated  the  national 
legislature.  It  was  the  foundation  of  a  series  of  resolutions, 
proposed  by  Mr.  Madison,  sanctioning  the  views  it  embraced. 
These  resolutions  became  the  subject  of  ardent  debate;  in 


326  JEFFERSON. 

their  consideration,  many  extrinsic  questions  of  general  poli 
tics  were  introduced ;  and  the  past  and  future  policy  of  the 
country,  the  course  to  he  adopted  amid  the  conflicts  of 
Europe,  the  aggressions  on  our  commerce,  the  means  and 
the  necessity  of  retaliation,  were  all  warmly  discussed.  It 
was  ascertained  that  there  was  a  majority  in  favour  of  their 
passage,  hut  from  reasons  which  were  not  fully  explained,  a 
determination  upon  them  was  never  pressed.  It  appears, 
indeed,  most  likely,  that  their  advocates  found  the  majority 
evidently  decreasing,  under  the  influence  of  considerations 
made  to  hear  against  them ;  particularly  the  alarm  of  war,  as 
likely  to  he  the  result  of  their  adoption.  A  final  rejection,  there 
fore,  heing  feared,  it  was,  probahly,  thought  best  not  to  push 
them  at  that  issue,  which  might  strengthen  the  idea  abroad, 
that  no  countervailing  policy  was  to  be  apprehended,  and 
weaken,  at  the  same  time,  the  republican  party  at  home. 

As  this  measure  was  the  last  official  act  of  Mr.  Jefferson, 
so  it  may  be  considered  as  that,  which  finally  arrayed  the 
statesmen  of  the  nation  under  the  banners  of  two  great  po 
litical  parties,  which  have  since  existed,  and  placed  him  at 
the  head  of  those,  who,  as  advocates  of  the  system  he  pro 
posed,  were  for  some  years  in  a  minority  of  the  legislature. 
Connected  with  his  previous  acts,  it  also  subjected  him  not 
only  to  personal  reproach,  but  to  many  charges,  as  an  unwise 
politician,  whose  plans  were  calculated  to  injure  the  com 
merce  of  his  country,  and  involve  it  in  a  foreign  war.  To 
this,  however,  it  might  be  properly  replied,  that  it  was  but 
the  continuation  of  a  system  adopted  immediately  after  the 
close  of  the  revolutionary  war,  and  to  enforce  which,  had 
been  the  prominent  object  of  the  convention  that  terminated 
in  the  formation  of  the  federal  constitution;  that  our  own 
maritime  rights  and  commercial  prosperity  could  be  main- 


JEFFEKSON.  327 

rained  only  by  a  proper  discrimination  in  our  intercourse 
with  foreign  nations;  and,  that  it  was  directed  solely  against 
those  countries  who  refused  to  enter  into  treaties  with  us, 
and  who,  of  course,  could  have  no  colour  of  complaint, 
after  such  refusal.  In  the  measure  itself,  therefore,  there 
was  nothing  opposed  to  the  well  settled  policy  of  the  United 
States,  and  still  less,  any  thing  which  could  afford  even  a 
plausible  pretext  for  war.  It  was,  indeed,  notorious,  that 
they  who  were  in  favour  of  it,  could  not  be  suspected  of 
maintaining  political  principles  less  opposed  to  war  than 
their  opponents ;  they  were  of  the  party  which  professed  to 
adhere  with  most  scruple,  to  the  peculiar  characteristics  of  a 
republican  government,  in  defining  the  language,  and  settling 
the  extent  of  the  constitution,  in  adjusting  public  ceremonials, 
and  in  marking  out  the  course  of  the  administration ;  and 
they  had  always  resisted  with  the  greatest  zeal,  every  thing 
which  tended  to  confer  discretionary  power  in  the  executive 
departments,  or  to  increase  the  public  debts  and  taxes.  To 
war,  therefore,  which  was  the  readiest  way  to  produce  all 
these  evils,  they  must  have  been  averse ;  and  it  was  by  means 
of  the  system  they  proposed,  a  system  which  aimed  at  the 
assertion  and  preservation  of  our  rights  by  peaceful  opera 
tions  against  the  commerce  and  resources  of  those  who  un 
justly  infringed  them,  that  they  hoped  to  attain  objects,  which, 
however  valuable,  would  have  been  dearly  purchased  at  the 
risk  of  war. 

It  is  not,  however,  our  intention,  as  we  have  already 
avowed,  to  involve  the  reader  in  the  party  discussions  of 
those  times ;  yet  to  him  who  is  desirous  of  obtaining  a  clear 
and  more  extended  view  of  the  principles  on  which  Mr.  Jef 
ferson  and  his  friends  acted,  in  bringing  forward  the  system 
to  which  we  have  alluded,  we  cannot  avoid  mentioning  the 


328  JEFFERSON. 

"Political  Observations"  published  at  the  time,  and  attri 
buted  to  the  pen  of  him  who  offered  the  resolutions  in  congress. 
They  exhibit  briefly,  but  with  uncommon  candour,  clearness, 
and  energy,  the  causes  and  principles  on  which  they  were 
founded,  and  the  ends  they  had  in  viewr;  and  at  the  same 
time  they  present  an  able  sketch  of  the  immediate  objects, 
with  which  the  first  idea  of  a  federative  government  was 
adopted ;  the  course  pursued  in  its  early  administration ; 
and  the  reasons  that  induced  a  large  party  to  dissent  from 
the  measures  of  the  existing  government,  stripped  of  the 
imputations,  assigned  by  heat  or  malevolence  at  the  time. 

On  the  thirty-first  of  December,  1793,  Mr.  Jefferson  re 
signed  the  office  of  secretary  of  state,  and  retired  once  more 
to  private  life.  The  sketch  we  have  given  of  the  duties  he 
performed  while  he  held  it,  will  show  with  what  advantage 
to  his  country  he  had  assisted  in  the  administration  of  its 
government ;  the  firmness  and  dignity  with  wiiich  he  had 
supported  its  rights,  and  vindicated  its  character  towards 
foreign  nations ;  and  his  zeal  and  industry  in  promoting  its 
domestic  interests.  But  the  times  had  now  become  full  of 
danger  and  uncertainty;  at  home  the  government,  new  alike 
in  its  principles  and  conduct,  was  assailed  by  unexpected  and 
extraordinary  difficulties,  before  its  own  organization  was 
perfected,  or  it  had  received  the  benefit  of  experience ;  and 
abroad,  an  eventful  struggle  had  arisen,  which  wras  overthrow, 
ing  the  strong  holds  of  religious  and  political  error,  but  un 
happily  carrying  with  them  much  that  humanity  lamented, 
and  wisdom  would  have  saved.  At  such  a  time,  a  wide  scope 
for  opinion  was  opened,  in  which  the  best  and  wisest  might 
essentially  differ,  and  Mr.  Jefferson,  as  the  reader  will  have 
already  perceived,  found  himself  a  member  of  an  ad  minis- 


JEFFERSON.  329 

tration,  where  views  different  from  his  own  appeared  to  pre 
dominate,  while  those  which  he  entertained  seemed  to  be 
approved  of  by  a  large  proportion  of  his  countrymen.  In 
the  diversity  of  sentiment  which  thus  occurred,  he  viewed 
with  dread  every  measure  that  he  thought  calculated  to  lessen 
the  influence  of  the  people  at  home ;  he  looked,  too,  with  ex 
ultation  on  the  rising  liberties  of  a  nation,  which  had  so  re 
cently  assisted  our  struggles  for  freedom,  and  was  now  so 
deeply  engaged  in  maintaining  its  own ;  and  with  avowed 
distrust  on  too  close  an  alliance  with  a  country,  from  which 
we  had  so  lately  separated  ourselves,  These  feelings  were 
perhaps  to  a  considerable  extent  those  of  the  people  of  the 
United  States  generally,  but  in  the  mode  of  acting  upon  them, 
there  existed  a  great  difference  of  sentiment  among  the  poli 
tical  leaders. 

At  the  present  day,  when  the  heat  of  prejudice  and  party 
has  subsided,  no  one  will  attribute  to  those  who  thus  differed 
from  Mr.  Jefferson,  views  which  were  intentionally  inimical 
to  the  interests  or  prosperity  of  their  country  ;  but  without 
so  doing,  it  may  be  asserted  that  there  wrere  so  many  points 
of  foreign  and  domestic  policy,  in  which  the  opinion  of  his 
colleagues  varied  from  his  own,  that  retirement  was  the  only 
course  left  for  a  statesman,  who  felt  the  value  of  his  own 
principles,  and  wished  to  act  with  firmness  and  generosity. 
He  carried  with  him  into  his  seclusion,  not  only  the  kind 
feelings  of  the  great  man  who  had  selected  him  for  the  post 
he  had  filled,  but  the  warm  attachment  of  a  large  proportion 
of  his  fellow  citizens. 

From  this  period,  Mr.  Jefferson  devoted  himself  to  the 

education  of  his  family,  the  cultivation  of  his  estate,  and  the 

pursuit  of  his  philosophical  studies,  which  he  had  so  long 

abandoned,  but  to  which  he  now  returned,  with  new  ardour. 

VOL.  IV.— T  t 


330  JEFFERSON. 

Amid  such  employments  there  is  little  which  a  biographer 
can  find  to  notice ;  yet  perhaps  it  will  not  he  considered 
superfluous,  to  introduce  the  remarks  which  were  made  hy  a 
well  known  French  traveller,  who  visited  him  at  Monticello, 
about  tbis  time.     "His  conversation,"  says  the  Duke  de 
Liancourt,  "  is  of  the  most  agreeable  kind,  and  he  possesses 
a  stock  of  information  not  inferior  to  that  of  any  other  man. 
In  Europe  he  would  hold  a  distinguished  rank  among  men  of 
letters,  and  as  such  he  has  already  appeared  there.     At  pre 
sent  he  is  employed  with  activity  and  perseverance  in  the 
management   of  his   farms   and  buildings,   arid  he  orders, 
directs,  and  pursues,  in  the  minutest  detail,  every  branch  of 
business  relating  to  them.     The  author  of  this  sketch  found 
him  in  the  midst  of  harvest,  from  which  the  scorching  heat 
of  the  sun  does  not  prevent  his  attendance.     His  negroes  are 
nourished,   clothed,    and  treated  as  well  as  white  servants 
could  be.     As  he  cannot  expect  any  assistance  from  the  two 
small  neighbouring  towns,  every  article  is  made  on  his  farm: 
his  negroes  are  cabinet  makers,  carpenters,  masons,  brick 
layers,  &c.     The  children  he  employs  in  a  nail  manufactory, 
which  yields  already  a  considerable  profit.     The  young  and 
old  negresses  spin  for  the  clothing  of  the  rest.     He  animates 
them  by  rewards  and  distinctions ;  in  fine,  Ids  superior  mind 
directs  the  management  of  his  domestic  concerns  with  the 
same  abilities,  activity,  and  regularity,  which  he  evinced  in 
the  conduct  of  public  affairs,  and  which  he  is  calculated  to 
display  in  every  situation  of  life." 

The  only  incident  relative  to  him,  during  this  period, 
which  we  find  recorded  in  the  public  documents  of  the  day, 
was  his  unanimous  election,  as  president  of  the  American 
Philosophical  Society,  the  oldest  and  most  distinguished 
institution  of  the  kind  in  the  United  States.  The  chair  had 


JEFFERSON.  331 

first  been  filled  by  the  illustrious  Franklin,  the  great  and 
good  patron  of  every  thing,  \vhich  tended  to  promote  the 
learning,  science,  or  happiness  of  his  country;  and  by  Ritten- 
house,  the  most  distinguished  astronomer  of  the  age.  To  be 
selected  to  succeed  such  men,  on  the  very  theatre  of  their 
reputation,  and  on  principles  which  could  not  be  influenced 
by  the  political  feelings  of  the  times,  was  an  honour  that 
no  one  could,  or  did,  better  appreciate  than  Mr.  Jefferson. 
He  was  no  inactive  member;  during  the  long  period  that  he 
presided  over  the  society,  he  promoted  its  views  with  the 
utmost  zeal,  occasionally  contributed  to  its  publications,  and 
extended  to  it  all  the  advantages  which  his  public  rank  and 
private  connexions,  enabled  him  to  afford. 

The  situation  of  the  country  did  not,  however,  permit  Mr. 
Jefferson  long  to  enjoy  the  pleasures  of  a  private  life.  Gene 
ral  Washington  had  for  some  time  contemplated  a  retirement 
from  office,  and  in  his  farewell  address  to  the  people  of  the 
United  States,  he  had,  in  the  month  of  September,  1796,  de 
clined  being  considered  any  longer  a  candidate  for  it.  The 
person  in  whom  alone  the  voice  of  the  whole  nation  could  be 
united,  having  thus  withdrawn,  the  two  great  parties  respec 
tively  brought  forward  their  chiefs.  Mr.  Jefferson  was  sup 
ported  by  the  one,  Mr.  Adams  by  the  other.  In  February, 
1797,  the  votes  for  the  first  and  second  magistrates  of  the 
union  wrere  opened  and  counted  in  the  presence  of  both  houses  ; 
and  the  highest  number  appearing  in  favour  of  Mr.  Adams, 
and  the  second  in  favour  of  Mr.  Jefferson,  the  first  was  de 
clared  to  be  the  president,  and  the  second  the  vice  president 
of  the  United  States,  for  four  years,  to  commence  on  ^the 
fourth  day  of  the  ensuing  March.  On  that  day,  Mr.  Jeffer 
son  also  took  the  chair  as  president  of  the  senate,  and  de 
livered  to  that  body  a  short  address,  in  which  he  expressed 


332  JEFFERSON. 

his  firm  attachment  to  the  laws  and  constitution  of  his  coun 
try,  and  his  anxious  wish  to  fulfil,  with  correctness  and 
satisfaction,  the  duties  of  the  office  to  which  he  had  been 
chosen. 

During  the  four  succeeding  years,  much  of  Mr.  Jefferson's 
time  was  passed  tranquilly  at  Monticello.  From  the  nature 
of  our  constitution,  there  is  little  which  can  call  the  vice  pre 
sident  into  the  prominent  political  duties  of  the  government, 
unless  he  is  required  to  fill  the  station  of  the  chief  magistrate. 
It  is  not,  therefore,  a  matter  of  surprise,  that  during  this 
period,  we  find  hut  little  notice  of  him  among  the  public  re 
cords  of  the  day. 

As,  however,  the  time  approached  for  a  new  election  of  a 
president,  the  republican  party  again  selected  Mr.  Jefferson, 
as  their  candidate  for  the  office,  and  with  more  success  than 
on  the  preceding  occasion.  Yet  an  accident,  arising  from 
inattention  to  the  constitution,  went  near  to  defeat  the  ac 
knowledged  wishes  and  intentions  of  the  people,  and  to  place 
in  the  executive  chair,  an  individual  to  whom  it  was  notorious 
no  vote  had  been  given  for  that  station.  The  democratic 
party  had  elected  Mr.  Jefferson  as  president,  and  Mr.  Burr 
as  vice  president  of  the  United  States,  by  an  equal  number 
of  votes ;  but,  as  the  constitution  required  no  specification  of 
the  respective  office  to  which  each  was  elected,  they  came 
before  congress,  neither  having  the  majority  required  by  law. 
Under  these  circumstances,  the  election  devolved  on  the  house 
of  representatives,  and  the  opponents  of  Mr.  Jefferson,  taking 
advantage  of  the  occurrence,  threw  their  votes  into  the  scale 
of  Mr.  Burr.  In  the  heat  and  violence  of  party,  much  may 
be  excused,  which  calls  down  our  severest  animadversions  in 
times  of  less  excitement.  Week  after  week,  was  the  nation 
kept  in  suspense,  while  a  contest  was  fiercely  maintained, 


JEFFERSON.  333 

by  which  it  was  attempted  to  raise  to  the  highest  office  of  the 
nation,  a  man  who  had  not  received  a  solitary  vote  from  the 
people,  in  opposition  to  one,  who  for  thirty  years  had  been  a 
distinguished  member  of  their  councils,  who  had  held  the 
highest  offices  of  the  government,  who  was  fitted  for  the  sta 
tion  alike  by  his  experience,  his  services,  and  his  virtues,  and 
who,  above  all,  was  notoriously  the  choice  of  a  majority  of 
the  nation.  At  length,  after  thirty-five  ineffectual  ballots, 
one  of  the  representatives  of  the  state  of  Maryland,  made 
public  the  contents  of  a  letter  to  himself,  written  by  Mr. 
Burr,  in  which  he  declined  all  pretensions  to  the  presidency; 
and  authorized  him  to  disclaim,  in  his  name,  any  competition 
with  Mr.  Jefferson.  On  this  specific  declaration,  on  the  part 
of  Mr.  Burr,  two  federal  members,  who  represented  the  states 
which  had  heretofore  voted  blank,  withdrew,  and  permitted 
the  republican  members  from  those  states  to  become  a  ma 
jority  ;  and,  instead  of  putting  a  blank  into  the  box,  to  vote 
positively  for  Mr.  Jefferson.  Consequently,  on  the  thirty- 
sixth  balloting,  Mr.  Jefferson  was  elected  president.  Colonel 
Burr  became,  of  course,  vice  president. 

On  the  fourth  of  March,  1801,  Mr.  Jefferson  took  the  oath 
of  office  in  the  presence  of  both  houses  of  congress,  and  de 
livered  his  inaugural  address.  He  expressed  in  this,  his  sin 
cere  diffidence  in  his  powers,  properly  to  fulfil  the  task  which 
his  countrymen  had  assigned  him;  seeing,  as  he  did,  the 
honour,  the  happiness,  and  the  hopes  of  his  beloved  country, 
committed  to  the  issue  and  auspices  of  that  day ;  and  fully 
conscious  of  the  magnitude  of  the  undertaking,  he  indulged 
the  hope,  that  as  the  contest  of  opinion  had  now  been  settled, 
by  the  rules  of  the  constitution,  all  parties  would  unite,  in 
common  efforts  for  the  common  good;  that  harmony  and 
affection,  without  which,  liberty  and  even  life  itself  are  but 


334  JEFFERSON. 

dreary  things,  might  be  restored  to  social  intercourse ;  and 
that  though  called  by  different  names,  as  all  were  in  truth 
brethren  of  the  same  principle,  the  invidious  distinctions  of 
party  might  cease.  He  exhorted  them,  with  courage  and 
confidence,  to  pursue  the  principles  of  government  they  had 
adopted ;  a  government  which  would  restrain  men  from  in 
juring  one  another,  but  leave  them  otherwise  free  to  regulate 
their  own  pursuits  of  industry  and  improvement,  and  not 
take  from  the  mouth  of  labour  the  bread  it  had  earned.  This, 
he  said,  was  the  sum  of  good  government:  and  this  necessary 
to  close  the  circle  of  our  felicities. 

About  to  enter  on  the  exercise  of  duties  which  compre 
hended  every  thing  dear  and  valuable  to  his  countrymen,  he 
deemed  it  his  duty,  to  state  distinctly  what  he  believed  to  be 
the  essential  principles  by  which  his  administration  would  be 
governed. — Equal  and  exact  justice  to  all  men,  of  whatever 
state  or  persuasion,  religious  or  political : — peace,  commerce, 
and  honest  friendship  with  all  nations,  entangling  alliances 
with  none: — the  support  of  the  state  governments  in  all  their 
rights,  as  the  most  competent  administration  for  our  domestic 
concerns,  and  the  surest  bulwarks  against  anti-republican 
tendencies: — the  preservation  of  the  general  government  in 
its  whole  constitutional  vigour,  as  the  sheet  anchor  of  our 
peace  at  home,  and  safety  abroad: — a  jealous  care  of  the 
right  of  election  by  the  people,  a  mild  and  safe  corrective  of 
abuses  which  are  lopped  by  the  sword  of  revolution  where 
peaceable  remedies  are  unprovided: — absolute  acquiescence 
in  the  decisions  of  the  majority,  the  vital  principle  of  repub 
lics,  from  which  is  no  appeal  but  to  force,  the  vital  principle 
and  immediate  parent  of  despotism: — a  well  disciplined  mi 
litia,  our  best  reliance  in  peace,  and  for  the  first  moments  of 
war,  till  regulars  may  relieve  them  : — the  supremacy  of  the 


JEFFERSON.  335 

civil  over  the  military  authority: — economy  in  the  public 
expense,  that  labour  may  be  lightly  burdened  : — the  honest 
payment  of  our  debts  and  sacred  preservation  of  the  public 
faith: — encouragement  of  agriculture,  and  of  commerce  as 
its  handmaid  : — the  diffusion  of  information,  and  arraignment 
of  all  abuses  at  the  bar  of  the  public  reason : — freedom  of  re 
ligion  ;  freedom  of  the  press ;  and  freedom  of  person,  under 
the  protection  of  the  habeas  corpus  :— and  trials  by  juries 
impartially  selected.  "These  principles  form  the  bright 
constellation,  which  has  gone  before  us,  and  guided  our  steps 
through  an  age  of  revolution  and  reformation.  To  the  attain 
ment  of  them,'5  he  concludes,  "  have  been  devoted  the  wisdom 
of  our  sages  and  the  blood  of  our  heroes — they  should  be  the 
creed  of  our  political  faith,  the  text  of  civic  instruction,  the 
touchstone  by  which  to  try  the  services  of  those  we  trust ; 
and  should  we  wander  from  them  in  moments  of  error  or  of 
alarm,  let  us  hasten  to  retrace  our  steps,  and  to  regain  the 
road  which  alone  leads  to  peace,  liberty,  and  safety." 

It  would  not  be  consistent  either  with  the  character  or 
length  of  this  memoir,  to  enter  into  the  details  of  the  public 
measures  of  Mr.  Jefferson  while  he  occupied  the  presidential 
chair.  His  administration  embraces  a  long  and  interesting 
period  in  the  history  of  our  country,  distinguished  by  im 
portant  measures,  whose  consequences  have  been  felt  in  later 
periods,  and  which  have  led  to  results  affecting,  in  no  incon 
siderable  degree,  the  honour  and  prosperity  of  the  nation. 
These  are  subjects  which  demand  the  research  and  delibera 
tion  of  an  acute  historian  ;  the  present  article  aims  to  be  no 
thing  more  than  a  cursory,  though  faithful  biography. 

In  December,  1801,  Mr.  Jefferson  sent  his  first  message  to 
both  houses  of  the  legislature.  It  had  been  the  custom  thus 
far,  since  the  formation  of  the  government,  for  the  president  to 


336  JEFFERSON. 

deliver  in  person  this  communication  to  congress,  and  for 
that  body  to  reply  at  once  in  a  formal  address.  In  the  change 
now  made  by  Mr.  Jefferson,  he  appears  to  have  had  in  view, 
at  once,  the  convenience  of  the  legislature,  the  economy  of 
their  time,  their  relief  from  the  embarrassment  of  immediate 
answers  on  subjects  not  yet  fully  before  them,  and  the  benefits 
thence  resulting  to  the  public  affairs.  In  these  respects,  its 
advantages  have  been  so  apparent,  that  it  has  been  invariably 
adopted  on  every  subsequent  occasion. 

In  addition  to  these  causes,  there  can  be  little  doubt, 
however,  that  this  was  one  of  the  modes  adopted  by  Mr. 
Jefferson,  to  give  a  more  popular  feature  to  the  administra 
tion.  No  one  had  had  a  better  opportunity  of  perceiving  the 
influence  of  forms,  even  trifling  ones,  in  the  affairs  of  govern 
ment,  or  had  entered  more  fully  into  the  spirit  of  the  age,  for 
abolishing  such  as  were  useless.  Indeed,  in  this  respect,  a 
wonderful  revolution  had  taken  place  in  the  minds  of  all 
men,  even  in  the  short  space  that  had  occurred  since  the  first 
organization  of  our  government.  At  that  time,  from  the 
force  of  ancient  habits,  it  was  scarcely  possible  to  contem 
plate  the  administration  of  power,  without  those  forms  which 
were  thought  necessary  to  obtain  for  it  a  useful  respect  $  and 
the  first  great  chief  of  our  country,  had  adopted  such  as 
united,  according  to  the  conceptions  of  his  elevated  mind, 
the  dignity  of  power  with  republican  simplicity.  Many, 
however,  can  recollect  with  what  rapidity,  the  whole  train 
of  ceremony  and  fashion  in  dress  and  manners  was  swept 
away ;  so  that  it  was  scarcely  more  than  in  accordance  with 
the  general  feeling  of  the  times,  that  Mr.  Jefferson  introduced 
this  and  other  changes,  which  properly  abolished  all  forms, 
beyond  those  of  elevated  private  life,  and  that  personal  re 
spect  which  will  always  be  bestowed  upon  the  man,  whom 


JEFFERSON.  337 

the  choice  of  his  country  has  pronounced,  the  first  of  its 
citizens. 

In  his  message,  Mr.  Jefferson  states,  that  the  restoration 
of  peace  in  Europe,  had  restored  the  friendly  feelings  of 
foreign  nations,  while  it  prevented  any  longer  their  violations 
of  neutral  rights.  That  our  intercourse  with  the  savage 
tribes  on  our  own  frontiers,  was  marked  by  a  spirit  of  peace 
and  friendship,  advantageous  and  honourable  at  once  to  them 
and  us.  That  with  the  African  states,  our  affairs  were  in  a 
situation  less  satisfactory,  and  such  as  demanded  seriously 
the  consideration,  whether  measures  of  offence  should  not  he 
authorized.  That  at  home  our  population  was  increasing  in 
a  very  great  ratio,  our  revenue  so  flourishing  as  to  enable 
us  to  dispense  with  all  internal  taxation,  the  expenditures  of 
the  civil  government  reduced,  a  large  portion  of  the  public 
debt  faithfully  paid,  and  our  agriculture,  manufactures,  com 
merce,  and  navigation,  the  four  pillars  of  our  prosperity, 
rapidly  thriving.  He  recommends  to  their  particular  con 
sideration,  the  disposal  of  the  surplus  in  the  military  esta 
blishment,  the  general  militia  system,  the  increase  of  the 
navy,  the  expediency  of  erecting  more  fortifications  of  an 
expensive  character,  the  judiciary  system  that  had  been  lately 
established,  and  the  extension  of  the  laws  relative  to  natu 
ralization. 

During  the  succeeding  four  years,  the  external  policy  of 
the  country  was  pursued,  so  as  to  increase  its  prosperity  and 
to  secure  its  rights.  The  aggressions  of  the  Tripolitans 
were  gallantly  and  promptly  chastized,  and  the  attempts 
made  by  the  agents  of  the  Spanish  government,  to  violate 
their  treaties  and  deprive  our  citizens  of  the  rights  guaran 
teed  to  them,  of  navigating  the  Mississippi,  were  immediately 
noticed  and  repelled.  The  privileges,  indeed,  which  had  been 
VOL.  IV — U  u 


338  JEFFERSON. 

secured  to  the  inhabitants  of  the  western  country,  were  of 
vital  importance  to  its  prosperity ;  yet  they  had  ever  been 
the  subject  of  jealousy  and  invasion.  We  have  already  seen, 
that  during  Mr.  Jefferson's  administration  of  the  department 
of  state,  this  was  an  object  that  engaged  much  of  his  atten 
tion.  That  attention  he  now  renewed,  and  after  considerable 
negotiation,  it  terminated  in  the  purchase  of  Louisiana,  one 
of  the  most  important  acquisitions  ever  made  by  the  people 
of  the  United  States.  "  Whilst  the  property  and  sovereignty 
of  the  Mississippi  and  its  waters,"  to  use  Mr.  Jefferson's  own 
language,  "secured  an  independent  outlet  for  the  produce  of 
the  western  states,  and  an  uncontrolled  navigation  through 
their  whole  course,  free  from  collision  with  other  powers, 
and  the  dangers  to  our  peace  from  that  source,  the  fertility 
of  the  country,  its  climate  and  extent,  promise  in  due  season 
important  aids  to  our  treasury,  an  ample  provision  for  our 
posterity,  and  a  wide  spread  for  the  blessings  of  freedom  and 
equal  laws."  On  the  twentieth  December,  1803,  the  terri 
tory  was  formally  surrendered  to  the  United  States  by  the 
commissioner  of  France. 

During  the  same  interval,  the  internal  policy  of  the  Unit 
ed  States,  underwent  several  important  changes,  all  calculat 
ed  to  develop  the  admirable  and  peculiar  nature  of  our  institu 
tions,  and  to  support  and  preserve  the  principles  on  which 
they  are  founded.  Measures  were  adopted  for  the  speedy 
discharge  of  the  public  debt,  thus  early  establishing  among  all 
nations,  the  credit  and  integrity  of  the  new  government.  The 
judicial  system,  founded  by  those  who  formed  the  constitution, 
had  been  hastily  departed  from  during  the  preceding  admi 
nistration  ;  it  was  now  restored  on  its  original  plan,  which 
was  deemed  more  consonant  to  our  institutions,  and  is  still 
retained  as  the  best,  after  all  the  change  of  circumstances  and 


JEFFERSON.  339 

parties.  A  salutary  reduction  was  introduced  into  the  habi 
tual  expenditures  of  the  government,  by  curtailing  the 
charges  that  arose  from  our  diplomatic  intercourse  with 
foreign  nations,  and  unnecessary  agencies  at  home.  Offices 
created  by  the  executive,  and  tending  to  increase  its  influence, 
were  voluntarily  suppressed.  And  the  president  presented 
the  unusual,  but  noble  spectacle  of  a  chief  magistrate  relin 
quishing  power  and  patronage,  where  he  could  do  so,  and 
where  he  could  not,  seeking  the  aid  of  the  legislature  for  the 
same  honourable  purpose.  "  Should  you  think  it  expedient," 
he  says,  in  a  message  to  them,  "to  pass  in  review  the  roll  of 
public  offices,  and  to  try  all  its  parts  by  the  test  of  public 
utility,  you  may  be  assured  of  every  aid  and  light  which 
executive  information  can  yield.  Considering  the  general 
tendency  to  multiply  offices  and  dependencies,  and  to  in 
crease  expense  to  the  ultimate  term  of  burthen  which  the 
citizen  can  bear,  it  behoves  us  to  avail  ourselves  of  every 
occasion  which  presents  itself  for  taking  off  the  surcharge ; 
that  it  never  may  be  seen  here,  that  after  leaving  to  labour 
the  smallest  portion  of  its  earnings,  on  which  it  can  subsist, 
government  shall  itself  consume  the  residue  of  what  it  was 
instituted  to  guard.  In  our  care,  too,  of  the  public  contribu 
tions  intrusted  to  our  direction,  it  would  be  prudent  to  mul 
tiply  barriers  against  their  dissipation,  by  appropriating 
specific  sums  to  every  specific  purpose  susceptible  of  defini 
tion  ;  by  disallowing  all  applications  of  money  varying  from 
the  appropriation  in  object,  or  transcending  it  in  amount;  by 
reducing  the  undefined  field  of  contingencies,  and  thereby  cir 
cumscribing  discretionary  powers  over  money ;  and  by 
bringing  back  to  a  single  department,  all  accountabilities 
for  money,  where  the  examination  may  be  prompt,  effica 
cious,  and  uniform." 


340  JEFFERSON 

Nor  was  it  only  by  political  measures  that  the  internal 
prosperity  of  the  country  was  consulted  and  promoted.  It  is 
a  charming  feature  in  the  life  of  Mr.  Jefferson,  that,  amid  all 
the  occupations  and  absorbing  interest  of  his  political  career, 
lie  never  forgot,  or  neglected  the  cause  of  philanthropy  and 
science.  Like  lord  Bacon,  his  ambition  prompted  him  to 
aim  at  the  loftiest  honours  which  his  country  could  bestow, 
but  yet  the  attachment  which  he  had  early  formed  to  pursuits, 
less  splendid  if  not  less  useful,  seems  to  have  lingered  around 
his  mind,  during  the  busiest  moments  of  public  occupation, 
and  to  have  been  renewed,  with  fresh  delight,  in  the  leisure 
of  private  life.  The  purchase  of  Louisiana,  afforded  an  op 
portunity  for  accomplishing  a  plan  he  had  long  formed,  for  a 
minute  and  scientific  examination  of  the  immense  territory 
of  the  west,  which  spreads  from  the  Mississippi  to  the  Paci 
fic.  This  measure  he  proposed  to  congress ;  and  on  its  re 
ceiving  their  sanction,  he  appointed  for  the  purpose,  captain 
Lewis  and  lieutenant  Clarke,  two  intelligent  officers  in  the 
army  of  the  United  States.  He  drew  up  for  them  himself,  a 
set  of  instructions  pointing  out  to  their  attention,  the  various 
objects  towards  which  their  investigations  would  be  most  ad 
vantageously  directed  ;  the  geography,  the  natural  history, 
the  climate,  the  resources,  and  the  peculiarities  of  the  region 
through  which  they  were  to  pass ;  the  numbers  and  situation 
of  the  various  Indian  tribes  ;  the  establishment  of  commer 
cial  and  friendly  relations  with  them  ;  and  the  best  means  for 
accomplishing  the  objects  of  the  expedition.  It  was  attend 
ed  with  all  the  success  that  could  be  desired.  The  party 
embarked  at  St.  Louis,  in  May,  1804;  ascended  the  Missouri 
three  thousand  miles  to  the  falls  ;  thence  crossed  the  Rocky 
Mountains,  covered  witli  perpetual  snow,  and  after  descending 
for  four  hundred  miles  by  various  streams,  they  reached  the 


JEFFERSON.  341 

navigable  waters  of  Columbia  river;  tbe  course  of  this 
they  followed  for  six  hundred  and  forty  miles,  until  they  ar 
rived  at  the  Pacific  Ocean.  They  reached  St.  Louis,  on  their 
return,  in  September,  1806,  after  an  absence,  from  all  civi 
lization,  of  more  than  twenty-seven  months.  The  journey 
from  St.  Louis,  was  above  four  thousand  miles  ;  in  return 
ing,  thirty-five  hundred  ;  making,  in  the  whole,  seven  thou 
sand  five  hundred  miles.  The  mass  of  information  collected 
in  the  expedition,  was  valuable  and  extensive;  it  was  equally 
advantageous  to  the  scientific  and  political  institutions  of  the 
country;  and  it  led  the  way  for  similar  expeditions,  each  of 
which  has  proved  the  skill  with  which  it  was  arranged,  and 
the  benefits  that  have  arisen  from  it. 

So  much  were  the  measures  adopted  by  Mr.  Jefferson, 
during  the  four  years  for  which  he  had  been  chosen,  ap 
proved  by  his  country,  that,  as  the  period  approached  for 
a  new  election,  his  popularity  increased  more  and  more,  and 
he  was  elevated  to  the  presidency  a  second  time,  by  a  ma 
jority  which  had  risen  from  eight  votes  to  one  hundred  and 
forty-eight.  During  the  course  indeed  of  his  administration, 
the  press,  in  its  full  licentiousness,  had  been  directed  against 
him,  and,  as  he  observed  himself,  the  experiment  had  been 
fully  made,  whether  freedom  of  discussion,  unaided  by  power, 
was  not  sufficient  for  the  propagation  and  protection  of  truth. 
It  had  been  fairly  proved,  he  said,  that  a  government  con 
ducting  itself  in  the  true  spirit  of  its  constitution,  with  zeal 
and  purity,  and  doing  no  act  which  it  would  be  unwilling 
the  world  should  witness,  could  not  be  written  down  by  false 
hood  and  defamation ;  but  that  the  people,  aware  of  the  latent 
source  from  which  these  outrages  proceeded,  would  gather 
around  their  public  functionaries,  and  when  the  constitution 
called  them  to  the  decision  by  suffrage,  they  would  pronounce 


342  JEFFERSON, 

their  verdict,  honourable  to  those  who  had  served  them,  and 
consolatory  to  the  friend  of  man,  who  believes  he  may  be 
intrusted  with  his  own  affairs. 

He  entered  a  second  time  on  the  duties  of  his  lofty  station, 
deeply  feeling  the  proof  of  confidence  which  his  fellow  citizens 
had  given  him.  He  asserted  his  determination  to  act  up  to 
those  principles,  on  which  he  believed  it  his  duty  to  adminis 
ter  the  affairs  of  the  commonwealth,  and  which  had  been 
already  sanctioned  by  the  unequivocal  approbation  of  his 
country.  "I  do  not  fear,"  he  said,  in  concluding  his  inaugural 
address,  "  I  do  not  fear  that  any  motives  of  interest  may 
lead  me  astray ;  I  am  sensible  of  no  passion  which  could 
seduce  me  knowingly  from  the  path  of  justice;  but  the  weak 
nesses  of  human  nature  and  the  limits  of  my  own  understand 
ing  will  produce  errors  of  judgment  sometimes  injurious  to 
your  interests;  I  shall  need,  therefore,  all  the  indulgence  I 
have  heretofore  experienced — the  want  of  it  will  certainly 
not  lessen  with  increasing  years.  I  shall  need  too  the  favour 
of  that  Being  in  whose  hands  we  are,  who  led  our  forefathers, 
as  Israel  of  old,  from  their  native  land,  and  planted  them  in 
a  country  flowing  with  all  the  necessaries  and  comforts  of 
life;  who  has  covered  our  infancy  with  his  providence,  and 
our  riper  years  with  his  wisdom  and  power." 

Mr.  Jefferson  had  scarcely  entered  on  his  office,  before  his 
attention  was  called  to  an  event  obviously  calculated  to  de 
stroy  the  domestic  tranquillity  of  the  country,  if  not  the 
constitution  and  union  itself.  This  was  no  other  than  what 
has  been  termed  the  conspiracy  of  colonel  Burr.  We  have 
already  mentioned  the  unforeseen  accident,  which  had  nearly 
elevated  this  gentleman  to  the  presidency.  Since  that  time 
he  had  aimed  at  the  office  of  governor  of  the'  state  of  New 
York,  without  success,  and  at  a  recent  election,  had  been 


JEFFERSON.  343 

succeeded  by  Mr.  Clinton,  as  vice  president  of  the  United 
States.  Of  an  ardent  and  ambitious  spirit,  these  disappoint 
ments  seem  to  have  urged  him  to  some  desperate  enterprise, 
not  consonant  to  his  general  duties  as  a  citizen,  if  not  ex 
pressly  contrary  to  the  laws  of  his  country.  Assuming  the 
unfriendly  measures  of  the  Spanish  government,  on  the 
south  western  frontier,  as  the  cause  or  pretext  of  his  con 
duct  ;  and  holding  out  to  the  young  and  aspiring,  the  allur 
ing  idea  of  establishing  in  its  provinces  a  new  republic ;  he 
succeeded  in  drawing  many  of  his  countrymen  into  his 
schemes.  That  his  real  views,  however,  extended  beyond 
this,  has  been  generally  presumed,  though  what  they  pre 
cisely  were,  has  never  been  known.  Many  believed  that  the 
enterprise,  which,  it  was  ascertained,  was  to  originate  in  the 
western  country,  had  for  its  object  the  separation  of  the  states 
beyond  the  Alleghany  Mountains,  from  their  political  con 
nexion  with  those  on  the  Atlantic  border;  and  by  uniting 
them  with  the  territories  on  the  western  bank  of  the  Missis 
sippi,  the  formation  of  a  distinct  and  independent  empire. 
Whatever  may  have  been  the  ultimate  object  of  his  plans,  as 
soon  as  Mr.  Jefferson  received  information  that  a  number  of 
private  individuals  were  combining  together,  arming  and 
organizing  themselves  contrary  to  law,  with  the  avowed  object 
of  carrying  on'some  military  expedition  against  the  territories 
of  Spain ;  he  took  measures  without  delay,  by  proclamation  as 
well  as  by  special  orders,  to  prevent  and  suppress  the  enterprise, 
to  seize  the  vessels,  arms,  and  other  means  provided  for  it,  and 
to  arrest  and  bring  to  justice  its  authors  and  abettors.  His 
scheme  being  thus  discovered  and  defeated,  colonel  Burr 
fled  $  but  was  eventually  apprehended  on  the  Tombigbee, 
and  escorted  as  a  prisoner  of  state,  under  the  guard  of  a 
military  officer,  to  Richmond  in  Virginia.  On  his  arrival 


344  JEFFERSON. 

in  that  city,  he  was  delivered  over  to  the  civil  authority,  by 
virtue  of  a  warrant  from   the  chief  justice  of  the  United 
States,  grounded  on  charges  of  a  high  misdemeanor,  in  pre 
paring  and  setting  on  foot,  within  their  territories,  a  mili 
tary  expedition,  to  be  carried  thence,  against  the  dominions 
of  the  king  of  Spain,  with  whom  we  were  at  peace;  and 
also,  of  treason  against  the  United  States.     At  the  close  of  a 
long  examination  of  witnesses,  he  was  bound  over  to  take 
his  trial  on  the  first  charge,  the  chief  justice   not  deeming 
the  evidence  of  an  overt  act  of  treason,  sufficient  to  justify  a 
commitment  on  the  latter.     On  the  seventeenth  of  August, 
1807,  he  was  brought  to  trial.     Several  days  were  consumed 
in  the  examination  of  witnesses,  and  in  the  discussion  of  the 
law  of  treason,  as  it  arose  out  of  the  constitution.  The  assem 
blage  of  the  individuals  was  proved ;  but  the  evidence  was 
not  legally  sufficient  to  establish   the  presence  of  colonel 
Burr,  or  the  use  of  any  force  against  the  authority  of  the 
United  States.     The  consequence  was  the  acquittal  of  the 
prisoners.     On  the  meeting  of  congress,  a  few  months  after, 
Mr.  Jefferson  laid  before  them  the  proceedings  and  evidence 
which  had  been  exhibited  at  the  trial.     From  these,  he  stated 
to  them,  they  would  be  enabled  to  judge  whether  the  defect 
was  in  the  testimony,  in  the  law,  or  in  the  administration  of 
the  law,  and  wherever  it  should  be  found,   the  legislature 
alone  could  apply  or  originate  the  remedy.     The  framers 
of  our  constitution   certainly  supposed  they  had  guarded, 
as  well  their  government  against  destruction  by  treason, 
as  their  citizens  against  oppression,  under  pretence  of  it, 
and  if  these  ends  were  not  attained,  it  was  of  importance 
to   inquire  by  what  means  more  effectual  they  might  be 
secured. 


JEFFERSON.  345 

The  foreign  relations  of  the  country,  however,  at  this  pe 
riod,  involved  questions  of  infinitely  greater  importance,  than 
any  which  arose  from  its  domestic  troubles.  Nearly  the 
whole  revenue  of  the  United  States  then  depended  on  its  ex 
ternal  commerce;  the  situation  of  the  world  rendered  that 
commerce  as  lucrative  as  it  was  extensive;  and  every  act 
which  affected  its  prosperity,  was  a  vital  injury  to  the  wel 
fare  of  the  country. 

It  would  at  this  moment  he  more  than  useless,  to  enter  into 
the  numerous  aggressions  w;hich  had  been  committed  on  the 
rights,  character,  and  commerce  of  the  United  States,  both 
by  Great  Britain  and  France,  from  the  commencement  of  the 
war  between  them  In  1793,  or  to  rake  from  their  ashes,  the 
innumerable  facts,  and  still  more  innumerable  controversies, 
to  which  they  gave  rise,  not  only  between  those  nations  and 
the  United  States,  but  among  the  citizens  of  the  last,  accord 
ing  to  the  light  in  which  they  viewed  the  conduct  of  the  two 
great  parties.     It  is  sufficient  to  recollect,  that  from  the  com 
mencement  of   the  war,  both  the  great  belligerent  powers 
seemed  to  view  the  United  States  as  a  country,  to  which  that 
course  of  conduct  was  to  be  dictated  as  neutral,  which  was 
congenial  to  their  own  views  or  interests,  and  each  assumed 
the  right  to  punish  in  the  neutral,  what  it  chose  to  consider 
as  favour  to  its  enemy.    In  fact,  each  presuming  on  the  weak 
ness  of  the  United  States  to  defend  its  property  on  the  seas, 
had  inflicted  upon  them  the  most  severe  and  unprincipled 
aggressions.     Which  nation  exceeded  the  other  in  violence  of 
conduct  or  in  want  of  principle,  although  a  great  party  ques 
tion  at  the  time,  it  is  now  perhaps  unnecessary  to  inquire; 
in  the  early  part  of  the  war,  when  both  were  powerful  on 
the  ocean,  both  had  resort  to  open  and  avowed  national  acts, 
which,  followed  up  by  the  spirit  of  plunder  in  their  navies, 
Vol.  IV — X  x 


346  JEFFERSON. 

and  the  insatiable  thirst  for  privateering,  had  at  times  nearly 
swept  the  American  commerce  from  the  ocean  ;  and  this  was 
accompanied  by  innumerable  seizures  under  the  most  aggra 
vating  circumstances.  All  these,  however,  had  been  parried 
by  the  government  of  the  United  States,  partly  from  a  sense 
of  the  deplorable  consequences,  which,  in  its  infant  establish 
ment,  must  have  attended  a  war  with  either  of  the  bellige 
rents,  and  partly  from  the  great  advantages  that  attended  its 
neutral  situation  and  extensive  commerce,  even  under  all  the 
injuries  it  sustained.  The  period  that  had  elapsed,  therefore, 
from  the  beginning  of  the  war  between  Great  Britain  and 
France,  to  the  presidency  of  Mr.  Jefferson,  had  been  con 
sumed  in  a  series  of  remonstrances  and  negotiations  between 
the  United  States  and  the  belligerents,  which  in  no  incon 
siderable  degree  raised  the  character  of  the  former,  though 
they  did  not  settle  the  great  principles  on  which  their  neu 
trality  and  commerce  were  to  be  regulated  and  respected. 

The  object  and  scene  of  conflict,  however,  had  now  mate 
rially  changed.  France  and  the  nations  who  took  part  with 
her,  had  by  this  time  lost  their  colonies,  and  been  swept  from 
the  seas,  of  which  Great  Britain  remained  the  powerful  mis 
tress  ;  while,  on  the  other  hand,  she  had  been  driven  from 
the  continent  by  the  ascendency  of  France.  In  this  situation, 
vfith  the  predominance  of  one  by  land  and  of  the  other  on 
the  ocean,  the  points  of  contact  remained  but  few,  while  the 
animosity  of  each,  attempted  to  wound  the  other  in  every 
assailable  point ;  England  by  subsidizing  the  powers  of  the 
continent,  and  France  by  a  war  of  extermination  against 
British  commerce. 

This  contest  produced,  as  is  well  known,  a  new  scene  of 
boundless  depredation,  under  a  new  series  of  hostile  recrimi 
nating  acts,  of  which,  whatever  was  the  effect  upon  the  par- 


JEFFERSON.  347 

ties  themselves,  the  destruction  of  all  neutral  commerce  was 
the  obvious  consequence.  To  neutral  nations,  therefore,  and 
to  the  United  States,  as  almost  the  only  one  in  existence,  this 
great  principle  became  established,  that  as  both  the  bellige 
rents  had  violated  every  principle  of  justice,  the  causes  of 
war  against  both  were  numerous  and  obvious,  and  the  choice 
was  left  to  the  neutral  to  begin  it  with  both  or  either,  accord 
ing  to  its  own  interest,  leaving  that  party  to  complain  of  par 
tiality  or  injustice,  which  should  first  act  justly  itself. 

In  this  situation,  all  those  nice  calculations  which  might 
otherwise  have  been  made,  and  which  prevailed  largely  at 
the  time,  as  to  the  equality  of  conduct  to  be  maintained  to 
wards  the  belligerent  powers,  became  in  a  great  degree  lost, 
and  it  is  obvious,  a  nice  balance  on  the  subject  could  not  be 
pursued.  If  the  violence  of  the  hostile  decrees  was  to  be 
judged  by  their  temper  and  spirit,  both  were  excessively  in 
jurious.  But  a  great  difference  existed  in  the  power  to  ex 
ecute  them ;  the  acts  of  France,  however  severely  carried 
into  effect,  within  the  limits  it  could  command,  were  confined 
in  their  operation,  while  the  scope  for  injury  by  Great  Britain 
was  boundless ;  and,  of  course,  it  was  with  her  during  all  the 
war,  but  particularly  the  latter  stage  of  it,  that  collisions 
became  more  frequent,  and  the  measures  of  the  United  States 
more  prominent,  so  much  so,  that  this  very  circumstance  gave 
a  tinge  to  the  character  of  the  transactions  themselves. 

It  is  certain,  however,  that  there  were  some  circumstances 
which,  independent  of  the  serious  injury  common  to  both  the 
belligerents,  were  peculiar  to  the  situation  of  the  United 
States  and  Great  Britain  with  each  other,  particularly  the 
right  of  searching  neutral  ships  for  enemy's  goods,  the  revi 
val  of  what  was  called  the  rule  of  war  of  1756,  prohibiting 
neutrals  from  trade  which  they  had  not  enjoyed  in  time  of 


348  JEFFERSON. 

peace,  and  the  search  for,  and  impressment  of  English  sub 
jects  and  seamen.  The  first  of  these  had  been  conceded  by 
the  United  States,  in  their  first  treaty  with  England,  and  again 
in  Mr.  Jay's  treaty,  while  it  had  not  been  admitted  in  the 
treaties  with  France ;  the  second  had  been  in  some  degree 
modified  in  the  negotiations  with  England ;  but  the  third 
was  a  measure  so  important  to  both  parties,  upon  principles 
so  directly  opposite  to  each  other,  as  to  constitute  in  itself 
alone  a  cause  of  disquietude,  the  most  aggravating  of  all 
others.  Bitterly,  indeed,  did  it  come  home  to  the  feelings  of 
the  people  of  the  United  States,  that  their  vessels  should  be 
searched  on  the  seas  to  determine  the  character  of  their  citi 
zens,  that  such  determination  should  be  left  to  ignorant 
or  unprincipled  officers,  and  those  citizens  themselves  taken 
by  force  to  fight  the  battles  of  other  nations,  beyond  the 
protection  of  their  own  government  and  laws,  deprived 
of  their  natural  rights  and  the  inherent  liberty  of  their 
country. 

All  these  had  for  a  long  time  previous,  been  the  subjects  of 
continual  but  unavailing  negotiation,  in  common  with  the 
general  causes  of  complaint  against  both  nations,  and  had 
produced  some  hostilities,  particularly  those  with  France, 
during  Mr.  Adams's  administration.  Upon  the  accession  of 
Mr.  Jefferson,  however,  the  foreign  relations  of  the  United 
States  reposed  upon  the  recent  peace  with  France  in  1800, 
and  Mr.  Jay's  treaty  with  England,  and  these  were  soon 
followed  by  the  general  peace  of  Amiens,  when  our  govern 
ment  had  only  to  prosecute  its  demands  for  the  injuries  and 
spoliations  its  citizens  had  sustained.  Of  these,  a  part  of 
what  was  claimed  from  France,  was  obtained  by  the  purchase 
of  Louisiana,  and  the  rest,  witli  the  claims  on  England  and 


JEFFERSON.  349 

other  countries,  remained  in  common,  with  all  other  sources 
of  complaint,  the  subject  of  negotiation. 

Upon  the  rupture  of  the  peace  of  Amiens,  the  ships  of  the 
United  States  became  again  the  carriers  of  the  world,  and  its 
commerce  as  unbounded  as  before.  In  this  situation,  it  was 
in  the  highest  degree  the  interest,  as  it  was  before  the  desire 
of  the  people,  to  pursue  a  course  of  rigid  neutrality,  and  Mr. 
Jefferson  declared  it  their  policy  to  cultivate  the  friendship 
of  the  belligerent  nations,  by  every  act  of  justice  and  innocent 
kindness;  to  receive  their  armed  vessels  with  hospitality 
from  the  distresses  of  the  sea,  but  to  administer  the  means  of 
annoyance  to  none  ;  to  establish  in  our  harbours  such  a  police 
as  might  maintain  law  and  order;  to  restrain  our  citizens 
from  embarking  individually  in  a  war  in  which  their  country 
took  no  part ;  to  punish  severely  those  persons,  citizen  or 
alien,  who  should  usurp  the  cover  of  our  flag  for  vessels  not 
entitled  to  it,  infecting  thereby  with  suspicion  those  of  real 
Americans,  and  involving  us  in  controversies  for  the  redress 
of  wrongs  not  our  own ;  to  exact  from  every  nation  the  ob 
servance,  towards  our  vessels  and  citizens,  of  those  principles 
and  practices  which  all  civilized  people  acknowledge;  to 
merit  the  character  of  a  just  nation,  and  maintain  that  of  an 
independent  one,  preferring  every  consequence  to  insult  and 
habitual  wrong. 

The  justice  of  these  principles  was  not,  as  it  could  not  be 
denied ;  but  the  practice  of  them  was  soon  put  to  a  severe 
trial,  by  the  aggressions  of  the  belligerent  powers,  which 
seemed  to  increase  with  their  vindictiveness  against  each 
other,  and  the  prosperous  commerce  and  situation  of  the 
United  States.  The  attacks  and  depredations  renewed 
against  their  colonial  trade,  as  a  war  in  disguise,  by  the  im 
pressment  of  their  seamen,  by  robberies  on  their  coasts  and 


350  JEFFERSON. 

harbours,  and  by  the  revival  of  all  the  hostile  forms  in  which 
they  had  been  harassed  before,  became  so  numerous  and 
galling  during  the  years  1804  and  1805,  as  to  induce  Mr. 
Jefferson  to  resort  in  some  instances  to  force,  to  repel  them. 
In  December  of  the  latter  year,  seconded  by  numerous  re 
monstrances  from  the  people,  he  called  the  attention  of  con 
gress  pointedly  to  the  subject.  "  Our  coasts,"  he  remarks, 
"  have  been  infested,  and  our  harbours  watched,  by  private 
armed  vessels,  some  of  them  without  commissions,  some  with 
illegal  commissions,  others  with  those  of  legal  form,  but 
committing  piratical  acts  beyond  the  authority  of  their  com 
missions.  They  have  captured  in  the  very  entrance  of  our 
harbours,  as  well  as  on  the  high  seas,  not  only  the  vessels  of 
our  friends,  coming  to  trade  with  us,  but  our  own  also. 
They  have  carried  them  off  under  pretence  of  legal  adjudica 
tion,  but,  not  daring  to  approach  a  court  of  justice,  they 
have  plundered  and  sunk  them  by  the  way,  or  in  obscure 
places,  where  no  evidence  could  arise  against  them,  mal 
treated  the  crews,  and  abandoned  them  in  boats,  in  the  open 
sea,  or  on  desert  shores,  without  food  or  covering. 

"  The  same  system  of  hovering  on  our  coasts  and  har 
bours,  under  colour  of  seeking  enemies,  has  been  also  carried 
on  by  public  armed  ships,  to  the  great  annoyance  and  oppres 
sion  of  our  commerce.  New  principles  too  have  been  inter 
polated  into  the  law  of  nations,  founded  neither  in  justice, 
nor  the  usage  or  acknowledgment  of  nations.  According  to 
these,  a  belligerent  takes  to  itself  a  commerce  with  its  own 
enemy,  which  it  denies  to  a  neutral,  on  the  ground  of  its 
aiding  that  enemy  in  the  war.  But  reason  revolts  at  such 
an  inconsistency ;  and  the  neutral  having  equal  right  with 
the  belligerent  to  decide  the  question,  the  interests  of  our 
constituents,  and  the  duty  of  maintaining  the  authority  of 


JEFFERSON.  351 

reason,  the  only  umpire  between  just  nations,  impose  on  us 
the  obligation  of  providing  an  effectual  and  determined  oppo 
sition  to  a  doctrine,  so  injurious  to  the  rights  of  peaceable 
nations." 

It  was  from  these  causes  that  a  line  of  policy  was  adopted, 
which,  though  it  had  been  in  some  degree  that  of  his  pre 
decessors,  and  particularly  of  general  Washington,  may  be 
considered,  in  the  manner  it  was  now  exercised,  as  a  distin 
guished  feature  of  Mr.  Jefferson's  administration.  It  was  to 
prepare  the  country  for  domestic  defence,  but  to  do  so  rather 
by  shutting  it  up  from  foreign  intercourse,  than  by  exposing 
it  to  war ;  and  in  the  mean  time  to  try  the  full  effect  of  nego 
tiation,  and  to  exercise  yet  a  little  longer  forbearance  under 
our  numerous  injuries.  Accordingly,  the  measures  adopted 
by  the  government  in  the  early  part  of  1806,  were  those  for 
the  defence  of  the  ports  and  coasts,  and  of  the  country  itself 
in  case  of  need,  the  act  called  the  non-importation  act,  and 
the  appointment  of  commissioners  to  negotiate  abroad,  parti 
cularly  of  Mr.  Pinckney,  who  was  united  with  Mr.  Monroe, 
the  then  resident  minister  in  London. 

It  does  not  appear  that  any  of  the  measures  thus  adopted, 
gave  umbrage  abroad;  on  the  contrary,  Mr.  Pinckney,  writing 
on  the  spot  soon  after  his  arrival,  with  a  full  knowledge  of 
the  temper  of  the  government,  and  its  effect  upon  England, 
pronounced  the  non-importation  act  a  wise  and  salutary  mea 
sure.  His  negotiations,  indeed,  though  rendered  unavoidably 
slow,  were  proceeding  with  prospects  somewhat  more  favour 
able,  when  Bonaparte,  stimulated  as  it  should  seem  by  the 
unlimited  power  of  Great  Britain  on  the  seas,  and  the  bound 
less  depredations  she  committed  in  consequence  of  it,  and 
perhaps  by  a  jealousy  of  the  negotiations  pending  in  England, 
issued  his  decree  of  the  twenty-first  of  November  from  Berlin. 


352  JEFFERSON. 

This,  however,  did  not  prevent  the  continuance  of  the  nego 
tiation,  and  the  completion  of  a  treaty  in  December,  though 
it  was  accompanied  by  a  declaration,  that  it  should  not  pre 
clude  a  right  of  retaliation  ;  on  the  contrary,  that  right  was 
almost  immediately  exercised  by  the  British  orders  in  council 
of  January,  1807. 

As  the  treaty  with  England  contained  little  or  no  remedy 
for  former  injuries,  and  no  sufficient  stipulation  against  their 
renewal,  added  to  the  new  causes  which  the  hostile  decrees 
had  elicited,  it  was  not  confirmed  by  Mr.  Jefferson;  but  still 
anxious  for  the  line  of  policy  he  had  adopted,  and  not  to  close 
the  door  against  friendly  adjustment,  the  commissioners  were 
directed  to  resume  their  negotiations,  with  some  further  con 
cessions  on  the  part  of  the  United  States,  and  equal  steps 
were  pursued  for  accommodations  with  France. 

While  reposing,  however,  with  confidence  on  this  new 
reference  to  amicable  discussion,  an  act  was  committed,  which 
aroused  the  outraged  feelings  of  the  whole  nation.  On  the 
twenty-second  of  June,  1807,  by  a  formal  order  from  a  British 
admiral,  the  frigate  Chesapeake,  leaving  her  port  for  a  distant 
service,  was  attacked  by  one  of  those  vessels  which  had  been 
lying  in  our  harbours  under  the  indulgences  of  hospitality, 
was  disabled  from  proceeding,  and  had  several  of  her  crew 
killed,  and  four  taken  away.  On  this  outrage,  no  commen 
taries  are  necessary.  Its  character  has  been  pronounced  by 
the  indignant  voice  of  our  citizens,  with  an  emphasis  and 
unanimity  never  exceeded.  A  proclamation  was  immediately 
issued  by  Mr.  Jefferson,  requiring  all  British  vessels  bearing 
the  royal  commission  to  depart,  and  forbidding  all  to  enter 
the  waters  of  the  United  States.  Satisfaction  and  security 
for  the  outrage  were  promptly  demanded ;  an  armed  vessel 
of  the  United  States  was  sent  directly  to  London,  with  in- 


JEFFERSON.  353 

structions  to  our  ministers  on  the  subject ;  and  congress  did 
not  hesitate  to  declare  it  a  flagrant  violation  of  our  jurisdic 
tion,  of  which  a  parallel  was  scarcely  to  be  found  in  the  his 
tory  of  civilized  nations,  and  which,  if  not  disavowed,  was 
just  cause  of  instant  and  severe  retaliation. 

The  British  government  immediately  disavowed  the  act  of 
the  officer  by  whom  it  had  been  committed,  and  voluntarily 
made  an  offer  of  reparation,  which  was  afterwards  carried 
into  effect.  Scarcely,  however,  was  this  one  act  of  injustice 
and  aggression  atoned  for,  when  it  was  followed  by  another. 
In  November  of  the  same  year,  1807,  orders  were  issued  by  the 
king  in  council,  wherein  he  prohibited  all  commerce  between. 
America  and  the  ports  of  his  enemies  in  Europe,  unless  the 
articles  had  been  first  landed  in  England,  and  duties  paid  for 
their  re-exportation ;  and  declared  that  a  certificate  from  a 
French  consul,  of  the  origin  of  articles,  should  render  the 
vessel  in  which  they  were,  liable  to  condemnation.  The 
ground  on  which  it  was  attempted  to  justify  these  measures, 
was  a  retaliation  for  the  course  adopted  by  the  French 
government  relative  to  neutral  commerce ;  a  pretext  alike 
frivolous  and  unfounded.  It  was  not  denied  that  France 
had  pursued  a  course  quite  unjustifiable ;  but  yet,  even 
supposing  what  has  been  uniformly  denied,  that  the  mea 
sures  against  America  were  first  adopted  by  that  nation, 
it  is  hard  to  imagine  by  what  process  of  reasoning  those 
measures  could  justify  an  attack  on  the  acknowledged  rights 
of  a  nation,  that  was  no  partner  in  their  adoption,  and  to 
whose  interests  they  were  vitally  inimical. 

As  appeal  to  justice  and  national  law  was  thus  made  in 
vain,  America  had  now  no  alternative  left,  but  abject  submis 
sion  or  decided  retaliation.  Yet  it  was  difficult  to  know  by 
what  means  this  retaliation  could  be  effected.  Two  only  sug- 
Voi.  IV.— Y  y 


354  JEFFERSON. 

gested  themselves,  a  declaration  of  war,  or  a  suspension  of 
commerce  on  the  part  of  the  United  States.  The  unsettled 
state  of  the  world  at  that  period,  the  peculiar  and  extraor 
dinary  situation  in  which  this  country  was  placed,  the 
necessity,  if  hostilities  were  resorted  to,  of  making  it  at  the 
same  time  against  the  two  most  powerful  nations  of  the 
world,  the  peaceful  hahits,  the  limited  resources,  and  the 
uncertain  issue,  were  all  just  causes  of  hesitation  in  choosing 
the  more  decided  alternative ;  and  although  there  could  be 
no  doubt  that  its  adoption  would  injure,  if  it  did  not  destroy 
an  extensive  and  valuable  commerce,  yet  that  commerce 
would  almost  equally  suffer  from  the  ravages  of  unavenged 
and  unnoticed  aggression.  Under  these  circumstances,  on 
the  eighteenth  December,  1807,  Mr.  Jefferson  recommended 
to  congress  an  inhibition  of  the  departure  of  our  vessels  from 
the  ports  of  the  United  States,  and  on  the  twenty-second  of 
the  same  month  an  act  was  passed  by  them,  laying  a  general 
embargo. 

This  measure,  the  most  prominent  feature  in  the  adminis 
tration  of  Mr.  Jefferson,  was  not  adopted,  as  may  well  be 
supposed,  without  much  opposition  from  those  whose  views  of 
policy  were  different  from  his  own ;  yet  at  this  period,  when 
much  of  the  violence  of  party  has  subsided,  and  subsequent 
events  have  shown  the  effect  of  such  a  measure,  it  seems 
difficult  to  imagine  what  better  course  could  have  been 
pursued,  in  the  situation  of  the  country  at  that  period. 
Surely  a  tame  submission  was  not  to  be  thought  of,  but  even 
if  it  had  been,  to  the  total  sacrifice  of  our  national  honour, 
•yet  in  no  point  of  view  could  it  have  saved  the  suffering 
commerce  of  the  nation.  The  experiment  of  negotiation 
had  been  made  year  after  year  without  success  ;  private  and 
public  rights  had  been  infringed  with  impunity  ;  and  Ame- 


JEFFERSOJN.  355 

rica  must  have  consented  to  become  the  willing  and  unre 
sisting  victim  of  commercial  despotism,  to  he  despised  and 
trampled  on  in  future,  whenever  Europe  should  choose  to 
pursue  her  schemes  of  commercial  aggrandizement.  With 
most  nations,  and  under  ordinary  circumstances,  the  appeal 
to  war  would  have  been  as  prompt  as  the  injury  was  unjus 
tifiable  ;  but  the  government,  interests,  and  situation  of 
America  required  the  exertion  and  failure  of  every  other 
alternative,  before  that  was  resorted  to.  Under  these  cir 
cumstances,  the  embargo  presented  itself  as  a  measure  of 
retaliation,  if  not  decisive  at  least  preparatory.  It  could 
only  be  injurious  to  the  commercial  interests  of  the  nation, 
already  in  a  situation  scarcely  capable  of  greater  injury. 
It  left  open  equally  the  means  of  farther  negotiation  and 
the  power  of  resorting  to  war,  while  it  showed  to  foreign 
nations  the  decided  spirit  which  animated  our  councils,  and 
inflicted  no  inconsiderable  blow  on  their  interests. 

On  these  grounds  it  was  recommended  by  Mr.  Jefferson, 
and  certainly  promised  at  least  temporary  success.  The  in 
teresting  letters  which  have  lately  been  given  to  the  world, 
in  the  biography  of  one  of  our  most  distinguished  citizens, 
then  ambassador  in  London,  seem  to  place  this  circumstance 
beyond  question.  Very  shortly  after  its  establishment,  in 
writing  from  England,  he  observes,  "  It  is  apparent  that  we 
gain  ground  here.  The  tone  is  altered.  The  embargo  has 
done  much,  although  its  motives  are  variously  understood. 
Some  view  it  with,  doubt  and  suspicion.  The  government 
appears  to  put  a  favourable  construction  upon  it ,  and  all 
agree  that  it  is  highly  honourable  to  the  sagacity  and  firm 
ness  of  our  councils.  Events  which  you  could  only  conjecture 
when  the  measure  was  adopted,  have  already  made  out  its 
justification  beyond  the  reach  of  cavil."  "  To  repeal  the 


356  JEFFERSON. 

embargo, "  lie  observes,  in  a  subsequent  letter, "  would  be  so 
fatal  to  us  in  all  respects,  that  we  should  long  feel  the  wound 
it  would  inflict,  unless  indeed  some  other  expedient,  as  strong 
at  least,  and  as  efficacious  in  all  its  bearings,  can  (as  I  fear 
it  cannot)  be  substituted  in  its  place.  On  the  other  hand," 
he  adds,  "  if  we  persevere,  we  must  gain  our  purpose  at  last. 
By  complying  with  the  little  policy  of  the  moment,  we  shall 
be  lost.  By  a  great  and  systematic  adherence  to  principle, 
we  shall  find  the  end  to  our  difficulties.  The  embargo  and 
the  loss  of  our  trade  are  deeply  felt  here,  and  will  be  felt 
with  more  severity  every  day.  The  wheat  harvest  is  like  to 
he  alarmingly  short,  and  the  state  of  the  continent  will  aug 
ment  the  evil.  The  discontents  among  the  manufacturers 
are  only  quieted  for  the  moment  by  temporary  causes.  Cot 
ton  is  rising,  and  soon  will  be  scarce.  Unfavourable  events 
on  the  continent  will  subdue  the  temper  unfriendly  to  wisdom 
and  justice,  which  now  prevails  here.  But  above  all,  the 
world  will,  I  trust,  be  convinced  that  our  firmness  is  not  to 
shaken.  Our  measures  have  not  been  without  effect.  They 
have  not  been  decisive,  because  we  have  not  been  thought 
capable  of  persevering  in  self-denial,  if  that  can  be  called 
self-denial,  which  is  no  more  than  prudent  abstinence  from 
destruction  and  dishonour." 

Mr.  Jefferson  was  so  far  destined,  ere  his  retirement,  to 
behold  the  success  of  his  plans,  that  in  January,  1809,  after 
the  embargo  had  existed  a  year,  overtures  were  made  by 
Mr.  Canning  to  Mr.  Pinckney,  which  indicated  a  disposition 
on  the  part  of  the  British  government,  to  recede  from  the 
ground  they  had  taken.  These  overtures  were  succeeded 
by  negotiations,  which  at  last  terminated  in  the  repeal  of 
some  of  the  most  objectionable  features  of  the  orders  in  coun 
cil.  On  this  event  Mr.  Pinckney  remarks—  "  Our  triumph 


JEFFERSON.  357 

is  already  considered  as  a  signal  one  by  every  body.  The 
pretexts  with  which  ministers  would  conceal  their  motives 
for  a  relinqtiishment  of  all  which  they  prized  in  their  system, 
are  seen  through;  and  it  is  universally  viewed  as  a  conces 
sion  to  America.  Our  honour  is  now  safe,  and  by  manage 
ment  we  may  probably  gain  every  thing  we  have  in  view." 

To  trace  out,  however,  the  results  to  which  Mr.  Jefferson's 
policy  led,  not  only  in  these  but  in  other  circumstances  ;  and 
especially  to  pursue  the  history  of  our  various  negotiations 
and  differences  with  Great  Britain,  arising  from  it,  and  ulti 
mately  resulting  in  a  conflict  honourable  and  advantageous 
to  the  United  States,  is  reserved,  not  for  the  present  biogra 
pher,  but  for  him  who  shall  record  the  life  of  the  amiable 
and  patriotic  statesman  by  whom  he  was  shortly  succeeded. 
To  him,  as  he  had  been  his  early  pupil,  and  afterwards  his 
personal  friend  and  political  supporter,  was  left  the  task  of 
bringing  to  a  termination  that  series  of  political  measures,  in 
the  midst  of  which  the  retirement  of  Mr.  Jefferson  from  pub 
lic  life,  obliges  us  abruptly  to  break  off. 

The  period  had  now  arrived,  when  he  was  desirous  to  close 
for  ever  his  political  career ;  he  had  reached  the  age  of  sixty- 
five  years;  he  had  been  engaged  almost  without  interruption 
for  forty  years  in  the  most  arduous  duties  of  public  life;  and 
had  passed  through  the  various  stations,  to  which  his  country 
had  called  him,  with  unsullied  honour  and  distinguished 
reputation  ;  he  now,  therefore,  determined  to  leave  the  scene 
of  his  glory,  while  its  brightness  was  unobscured  by  the  un 
avoidable  infirmities  of  age  ;  and  to  spend  the  evening  of  his 
days  in  the  calmness  of  domestic  and  philosophical  retire 
ment.  In  his  message  to  congress  he  alluded  to  this  deter 
mination,  and  took  leave  of  them  in  the  following  language. 

"Availing  myself  of  this,  the  last  occasion  which  will  occur 


358  JEFFERSON. 

of  addressing  the  two  houses  of  the  legislature  at  their  meet 
ing,  I  cannot  omit  the  expression  of  my  sincere  gratitude, 
for  the  repeated  proofs  of  confidence  manifested  to  me  by 
themselves  and  their  predecessors,  since  my  call  to  the  ad 
ministration,  and  the  many  indulgences  experienced  at  their 
hands.  The  same  grateful  acknowledgments  are  due  to  my 
fellow  citizens  generally,  whose  support  has  been  my  great 
encouragement  under  all  embarrassments.  In  the  transac 
tion  of  their  business,  I  cannot  have  escaped  error.  It  is 
incident  to  our  imperfect  nature.  But  I  may  say  with  truth, 
my  errors  have  been  of  the  understanding,  not  of  intention  ; 
and  that  the  advancement  of  their  rights  and  interests  has 
been  the  constant  motive  of  every  measure.  On  these  con 
siderations  I  solicit  their  indulgence.  Looking  forward 
with  anxiety  to  their  future  destinies,  I  trust,  that  in  their 
steady  character,  unshaken  by  difficulties,  in  their  love  of 
liberty,  obedience  to  law,  and  support  of  public  authorities, 
I  see  a  sure  guarantee  of  the  permanence  of  our  republic; 
and  retiring  from  the  charge  of  their  affairs,  I  carry  with 
me  the  consolation  of  a  firm  persuasion,  that  Heaven  has  in 
store  for  our  beloved  country,  long  ages  to  come  of  prospe 
rity  and  happiness." 

From  this  period,  with  the  exception  of.  excursions  which 
business  required,  Mr.  Jefferson  resided  altogether  at 
Monticello.  Into  the  retirement  of  his  domestic  life,  we 
have  not,  unfortunately,  the  means  of  penetrating.  It  is  re 
served  for  some  other  pen — and  we  indulge  the  hope  that  it 
may  have  been  his  own — to  portray  the  pursuits,  the  studies, 
and  the  thoughts  which  engaged  his  active  and  intelligent 
mind,  during  the  long  period  that  passed  away,  after  he 
withdrew  from  public  life.  He  indeed  appeared  occasion 
ally  before  his  countrymen,  by  publications  of  his  private 


JEFFERSON.  359 

correspondence,  which  proved  the  same  purity  of  intention, 
the  same  earnest  zeal  in  the  promotion  of  liberal  opinions, 
and  the  same  intelligence,  forethought,  and  firmness  which 
distinguished  the  actions  of  his  earlier  life.  He  was  called 
forward  from  time  to  time,  by  the  repeated  anxiety  of  his 
countrymen  to  connect  him  with  the  rising  institutions,  which 
have  been  formed  to  promote  science,  taste,  and  literature. 
And  above  all,  he  was  sought  out  in  his  retirement  by  stran 
gers  from  every  foreign  nation,  who  had  heard  of  and  ad 
mired  him  ;  and  by  the  natives  of  every  corner  of  his  own 
country,  who  looked  upon  him  as  their  guide,  philosopher, 
and  friend.  His  home  was  accordingly  the  abode  of  hospi 
tality,  and  the  seat  of  dignified  retirement ;  and  while  he  thus 
forgot  the  busy  times  of  his  political  existence,  in  the  more 
calm  and  congenial  pleasures  of  learning  and  science,  Mon- 
ticello  might  remind  us  of  the  scene  where  the  Roman  sage, 
deserting  the  forum  and  the  senate,  discoursed  beneath  his 
spreading  plane  tree,  on  the  rights  and  duties  of  man — rura 
nemusque  sacrum  dilectaque  jugera  musis. 

It  was  not,  however,  to  his  private  cares,  and  enjoyments 
alone,  that  these  years  of  retirement  were  devoted  by  Mr. 
Jefferson.  They  were  largely  shared  by  the  public  interests 
of  science  and  letters,  particularly  in  the  improvement  of 
education  in  his  native  state,  and  the  establishment  of  a  noble 
university,  which  was  commenced  by  his  own  private  dona 
tions,  and  those  he  could  obtain  from  his  friends,  and  on 
which,  even  after  it  became  a  national  object,  he  bestowed 
the  greatest  zeal  and  labour  during  the  remainder  of  his  life. 
Soon  after  his  return  to  Monticello,  when  the  formation  of  a 
college  in  his  neighbourhood  was  proposed,  he  addressed  a 
letter  to  the  trustees,  in  which  he  sketched  a  plan  for  the 
establishment  of  a  general  system  of  education  in  Virginia. 


360  JEFFERSON. 

This  appears  to  have  led  the  way  to  an  act  of  the  legislature 
in  the  year  1818,  by  which  commissioners  were  appointed, 
with  authority  to  select  a  site  and  form  a  plan  for  a  univer 
sity,  on  a  scale  of  great  magnificence.  Of  these  commis 
sioners,  Mr.  Jefferson  was  unanimously  chosen  the  chairman, 
arid  on  the  fourth  of  August,  1818,  he  framed  a  report  em 
bracing  the  principles  on  which  it  was  proposed  the  institu 
tion  should  be  formed.  The  situation  selected  for  it  was  at 
Charlottesville,  a  town  at  the  foot  of  the  mountain  on  which 
Mr.  Jefferson  resided.  The  plan  was  such  as  to  combine 
elegance  and  utility  with  the  power  of  enlarging  it  to  any 
extent,  which  its  future  prosperity  may  require.  The  in 
struction  extended  to  the  various  branches  of  learning,  which 
a  citizen  will  require  in  his  intercourse  between  man  and 
man,  in  the  improvement  of  his  morals  and  faculties,  and  in 
the  knowledge  and  exercise  of  his  social  rights.  Such  an 
education,  Mr.  Jefferson  observes,  "  generates  habits  of  ap- 
plication^and  the  love  of  virtue  ;  and  controls,  by  the  force 
of  habit,  any  innate  obliquities  in  our  moral  organization. 
We  should  be  far  too  from  discouraging  persuasion,  that 
man  is  fixed,  by  the  law  of  his  nature,  at  a  given  point ;  that 
his  improvement  is  a  chimcera,  and  the  hope  delusive  of  ren 
dering  ourselves  wiser,  happier,  or  better  than  our  fore 
fathers  were.  We  need  look  back  only  half  a  century,  to 
times  which  many  now  living  remember  well,  and  see  the 
wonderful  advances  in  the  sciences  and  arts  which  have  been 
made  within  that  period.  Some  of  these  have  rendered  the 
elements  themselves  subservient  to  the  purposes  of  man, 
have  harnessed  them  to  the  yoke  of  his  labours,  and  effected 
the  great  blessings  of  moderating  his'own,  of  accomplishing 
what  was  beyond  his  feeble  force,  and  of  extending  the  com 
forts  of  life  to  a  much  enlarged  circle,  to  those  who  had  be- 


JEFFERSON.  361 

fore  known  its  necessaries  only.  That  these  are  not  the  vain 
dreams  of  sanguine  hope,  we  have  before  our  eyes  real  and 
living  examples.  What,  but  education,  has  advanced  us  be 
yond  the  condition  of  our  indigenous  neighbours?  and  what 
chains  them  to  their  present  state  of  barbarism  and  wretch 
edness,  but  a  bigoted  veneration  for  the  supposed  superla 
tive  wisdom  of  their  fathers,  and  the  preposterous  idea  that 
they  are  to  look  backward  for  better  things  and  not  forward, 
longing,  as  it  should  seem,  to  return  to  the  days  of  eating 
acorns  and  roots,  rather  than  indulge  in  the  degeneracies  of 
civilization?  And  how  much  more  encouraging  to  the 
achievements  of  science  and  improvement  is  this,  than  the 
desponding  view  that  the  condition  of  man  cannot  be  amelio 
rated,  that  what  has  been  must  ever  be,  and  that  to  secure 
ourselves  where  we  are,  we  must  tread,  with  awful  reverence, 
in  the  footsteps  of  our  fathers.  This  doctrine  is  the  genuine 
fruit  of  the  alliance  between  church  and  state,  the  tenants  of 
which,  finding  themselves  but  too  well  in  their  present  posi 
tion,  oppose  all  advances  which  might  unmask  their  usurpa 
tions,  and  monoplies  of  honours,  wealth,  and  power,  and  fear 
every  change,  as  endangering  the  comforts  they  now  hold." 
The  report  then  proceeds  to  state  the  various  arrangements 
which  should  be  adopted,  for  the  conduct  of  so  exten 
sive  an  institution  5  and  concludes  with  a  statement  of  its 
financial  situation.  The  plan  thus  proposed  was  adopted  by 
the  legislature.  Mr.  Jefferson  was  elected  the  rector  of  the 
new  institution,  and  from  that  period  he  devoted  himself  with 
unceasing  ardour  to  carry  it  into  effect.  Nothing  indeed 
could  exceed  his  fond  desire  for  its  success.  It  appeared  to  ba 
the  object  of  all  his  hopes  and  thoughts  in  the  declining 
years  of  his  life.  He  rode  every  morning  when  the  weather 
would  permit,  to  inspect  its  progress ;  he  prepared  with 
VOL.  IV.— Z  z 


362  JEFFERSON. 

his  own  hands,  the  drawings  and  plans  for  the  workmen  ;  he 
stood  over  them  as  they  proceeded  with  a  sort  of  parental 
care  and  anxiety  $  and  when  the  inclemency  of  the  season  or 
the  infirmity  of  age  prevented  his  visits,  a  telescope  was 
placed  on  a  terrace  near  his  house,  hy  means  of  which  he 
could  inspect  the  progress  of  the  work.  After  its  completion, 
he  might  often  he  seen  pacing  slowly  along  the  porticoes  or 
cloisters  which  extend  in  front  of  the  dormitories  of  the  stu 
dents,  occasionally  conversing  with  them,  and  viewing  the 
establishment  with  a  natural  and  honourable  pride.  In  the 
library  is  carefully  preserved  the  catalogue  written  by  him 
self,  in  which  he  has  collected  the  names,  best  editions,  and 
value  of  all  works  of  whatever  language,  in  literature  and 
science,  which  he  thought  necessary  to  form  a  complete 
library,  and  in  examining  it  one  is  really  less  struck  with 
the  research  and  various  knowledge  required  for  its  compi 
lation,  than  the  additional  proof  of  that  anxious  care,  which 
seemed  to  search  out  all  the  means  of  fostering  and  improv 
ing  the  institution  he  had  formed. 

It  is  painful  to  turn  from  this  pleasing  picture,  to  the  scenes 
of  worldly  suffering,  from  which  no  human  lot  is  entirely 
exempt.  Although  the  virtues  and  fame  of  Mr.  Jefferson 
shed  a  bright  lustre  around  the  evening  of  his  days,  it  was 
destined  to  be  obscured  by  an  incident  which,  however  desi 
rous  we  might  be  to  pass,  over,  must  not  remain  unnoticed  in 
the  history  of  his  life.  In  every  age  and  country  it  has  been 
too  often  the  lot  of  those  who  have  devoted,  with  thoughtless 
generosity,  to  the  service  of  their  fellow  creatures,  the  zeal 
of  youth  and  the  experience  of  maturer  years,  to  find  them 
selves  at  last  in  their  old  age,  doomed  to  poverty  which  they 
have  no  longer  the  ability  to  repel.  An  honourable  poverty, 
incurred  in  the  performance  of  public  duties,  or  private  gene- 


JEFFERSON.  563 

rosity,  unsullied  by  extravagance,  and  unattended  by  crime, 
will  redound  to  the  honour,  never  to  the  disgrace  of  him  who 
has  the*  misfortune  to  endure  it.  With  Mr.  Jefferson  it  is 
difficult  to  imagine  how  it  could  have  been  avoided.  For 
more  than  fifty  years  he  had  been  actively  engaged  in  public 
office,  generally  at  a  distance  from  his  own  estate;  and 
though  his  patrimony  was  originally  large,  it  could  not  but 
be  impaired  by  this  unavoidable  neglect.  In  retiring  from 
the  exalted  station  he  had  enjoyed,  he  did  not  enter  on  a  less 
conspicuous  scene ;  he  had  become  identified  as  it  were  with 
the  greatness  and  glory  of  his  country,  he  was  the  object  of 
attraction  to  crowds  of  anxious  and  admiring  guests,  and 
unless  by  coldly  closing  his  doors,  it  was  impossible  to  limit 
the  expenses  he  was  thus  obliged  to  incur. 

To  relieve  him  from  the  embarrassment  in  which  he  was 
thus  involved,  an  act  of  the  legislature  of  Virginia  was  passed 
in  the  spring  of  1826,  by  which  he  was  authorized  to  dispose 
of  his  estates  by  lottery,  in  order  that  a  fair  price  for  them 
might  be  obtained.  Whether  this  tardy  measure  was  becom 
ing  to  the  character  of  a  high  minded  state;  whether  such 
was  the  manner  in  which  she  should  have  relieved  the  wants 
of  a  citizen,  to  whom  it  is  acknowledged  she  was  mainly  in 
debted  for  what  is  most  valuable  in  her  government,  her  laws, 
and  her  institutions,  and  who  had  equally  devoted  to  her, 
his  youth,  his  manhood,  and  his  hoary  age — it  is  not  for  us 
to  determine. 

But  few  more  incidents  remain  to  be  told  of  the  eventful 
life  of  this  great  man.  The  full  vigour  of  his  mind,  indeed, 
remained  unimpaired,  at  least  until  a  very  short  period  before 
he  fell  into  the  grave.  The  year  1826  being  the  fiftieth  since 
the  establishment  of  our  independence,  it  was  determined 
universally  throughout  the  United  States,  to  celebrate  it  as  a 


364  JEFFERSON. 

jubilee  with  unusual  rejoicing ;  preparations  to  this  end  were 
made  in  every  part  of  the  country ;  and  all  means  were  taken 
to  impart  to  the  celebration,  the  dignity  which  was* worthy 
of  the  country  and  the  event.     The  citizens  of  Washington, 
the  metropolis  of  the  nation,  among  other  things  invited  Mr. 
Jefferson,  as  one  of  the  surviving  signers  of  the  Declaration 
of  Independence,  to  unite  with  them  in  their  festivities ;  this 
request  he  was  obliged  to  decline;  but  the  letter  in  which  he 
signified  his  regret,  is  left  to  us  as  a  monument  of  his  expiring 
greatness.     On  the  twenty-fourth  of  June,  when  the  hand  of 
death  was  already  upon  him,  he  expressed  in  this  letter  all 
those  characteristic  sentiments  which  through  life  had  so 
strongly  marked  him — the  delight  with   which  he  looked 
back  to  the  period,  when  his  country  had  made  its  glorious 
election  between  submission  and  the  sword — the  joy  he  felt 
in  its  consequent  prosperity— the  hope  he  indulged,  that  the 
time  would  yet  come  when  civil  and  religious  freedom  should 
bless  all  the  world — his  ardent  wish,  that  the  return  of  that 
day  should  keep  fresh  in  us  the  recollection  of  our  rights, 
and  increase  our  devotion  to  them,  and  the  affectionate  re 
membrance  with  which  he  dwelt  on  the  kindness  he  had  ex 
perienced  from  his  fellow  citizens.     He  thus  addresses  the 
mayor  of  Washington — "Respected  Sir:  The  kind  invita 
tion  I  received  from  you,  on  the  part  of  the  citizens  of  the 
city  of  Washington,  to  be  present  with  them  at  their  celebra 
tion  of  the  fiftieth  anniversary  of  American  independence,  as 
one  of  the  surviving  signers  of  an  instrument,  pregnant  with 
our  own,  and  the  fate  of  the  world,  is  most  flattering  to 
myself,  and  heightened  by  the  honourable  accompaniment 
proposed  for  the  comfort  of  such  a  journey.     It  adds  sensi 
bly  to  the  sufferings  of  sickness,  to  be  deprived  by  it  of  a 
personal  participation   in  the  rejoicings  of  that  day;   but 


JEFFERSON.  365 

acquiescence  under  circumstances  is  a  duty  not  placed  among 
those  we  are  permitted  to  control.  I  should,  indeed,  with 
peculiar  delight,  have  met  and  exchanged  there,  congratula 
tions,  personally,  with  the  small  band,  the  remnant  of  the 
host  of  worthies  who  joined  with  us,  on  that  day,  in  the  hold 
and  doubtful  election  we  were  to  make  for  our  country,  be 
tween  submission  and  the  sword ;  and  to  have  enjoyed  with 
them  the  consolatory  fact  that  our  fellow  citizens,  after  half 
a  century  of  experience  and  prosperity,  continue  to  approve 
the  choice  we  made.  May  it  be  to  the  world,  what  I  believe 
it  will  be,  (to  some  parts  sooner,  to  others  later,  but  finally 
to  all,)  the  signal  of  arousing  men  to  burst  the  chains,  under 
which  monkish  ignorance  and  superstition  had  persuaded 
them  to  bind  themselves,  and  to  assume  the  blessings  and 
security  of  self-government.  The  form  which  we  have  sub 
stituted,  restores  the  free  right  to  the  unbounded  exercise  of 
reason  and  freedom  of  opinion.  All  eyes  are  opened,  or 
opening,  to  the  rights  of  man.  The  general  spread  of  the 
lights  of  science,  has  already  laid  open  to  every  view  the 
palpable  truth,  that  the  mass  of  mankind  has  not  been  born 
with  saddles  on  their  backs,  nor  a  favoured  few,  booted  and 
spurred,  ready  to  ride  them  legitimately,  by  the  grace  of 
God.  These  are  grounds  of  hope  for  others;  for  ourselves, 
let  the  annual  return  of  this  day  forever  refresh  our  recollec 
tions  of  these  rights,  and  an  undiminished  devotion  to  them. 
I  will  ask  permission  here,  to  express  the  pleasure  with  which 
I  should  have  met  my  ancient  neighbours  of  the  city  of  Wash 
ington  and  its  vicinities,  with  whom  I  passed  so  many  years 
of  a  pleasing  social  intercourse — an  intercourse  which  so 
much  relieved  the  anxieties  of  the  public  cares,  and  left  im 
pressions  so  deeply  engraved  in  my  affections,  as  never  to  be 


366  JEFFERSON, 

forgotten.  With  my  regret  that  ill  health  forbids  me  the 
gratification  of  an  acceptance,  be  pleased  to  receive  for  your 
self,  and  those  for  whom  you  write,  the  assurance  of  my 
highest  respect  and  friendly  attachments." 

Soon  after  this  letter  was  written,  the  indisposition  of  Mr. 
Jefferson  assumed  a  more  serious  character.  He  had  been 
for  some  time  ill,  though  it  was  not  until  the  twenty-sixth 
of  June  that  he  was  obliged  to  confine  himself  to  his  bed. 
The  strength  of  his  constitution,  and  freedom  from  bodily 
pain,  for  a  short  time  encouraged  the  hope  that  his  illness 
was  merely  temporary.  He  himself,  however,  felt  the  con 
viction  that  his  last  hour  was  approaching.  He  had  already 
lived  beyond  the  limits  ordinarily  assigned  to  human  exist 
ence,  and  for  some  months  past,  the  whole  tone  of  his  con 
versation  showed  that  he  was  looking  forward  to  its  termina 
tion,  with  a  calmness  and  equanimity  worthy  of  his  past  life. 
"I  do  not  wish  to  die,"  he  was  in  the  habit  of  saying  to  the 
intimate  friends  around  him,  "but  I  do  not  fear  to  die.  Ac 
quiescence  under  circumstances  is  a  duty  we  are  permitted 
to  control."  He  declared,  that  could  he  but  leave  his 
family  unembarrassed,  and  see  the  child  of  his  old  age, 
the  university,  fairly  flourishing,  he  was  ready  to  depart 
— nunc  dimittis  Domine,  the  beautiful  ejaculation  of  the 
Hebrew  prophet,  was  his  favourite  quotation.— May  God 
and  his  country  grant  the  fulfilment  of  his  dying  wishes. 
On  the  second  of  July,  the  complaint  with  which  he  was 
afflicted,  left  him ;  but  his  physician  expressed  his  fears  that 
his  strength  might  not  prove  sufficient  to  restore  him  from 
the  debility  to  which  it  had  reduced  him  ;  conscious  himself 
that  he  could  not  recover,  and  free  from  all  bodily  and  ap 
parently  from  all  mental  pain,  he  calmly  gave  directions 


JEFFERSON.  367 

relative  to  his  coffin  and  his  interment,  which  he  requested 
might  he  at  Monticello  without  parade  or  pomp;  he  then 
called  his  family  around  him,  and  conversed  separately  with 
each  of  them ;  to  his  heloved  daughter,  Mrs.  Randolph,  he 
presented  a  small  morocco  case,  which  he  requested  her  not 
to  open  until  after  his  death — when  the  sad  limitation  had 
expired,  it  was  found  to  contain  an  elegant  and  affectionate 
strain  of  poetry,  on  the  virtues  of  her  from  whom  he  was 
thus  torn  away.  On  Monday,  the  following  day,  he  enquired 
of  those  around  him  with  much  solicitude,  what  was  the  day 
of  the  month ;  they  told  him  it  was  the  third  of  July ;  he  then 
eagerly  expressed  his  desire  that  he  might  be  permitted  to 
live  yet  a  little  while,  to  breathe  the  air  of  the  fiftieth  anni 
versary.  The  wish  was  granted — the  Almighty  hand  sus 
tained  him  up  to  the  very  moment  when  his  wish  was  com 
plete  ;  and  then  bore  him  to  that  world,  where  the  pure  in 
heart  meet  their  God. 

Those  who  are  now  alive,  will  never  forget  the  deep  sen 
sation  which  the  intelligence  of  this  .event  produced,  in  every 
part  of  the  United  States.  The  public  honours  every  where 
lavished,  were  not,  in  this  case,  the  mere  mockery  of  wo; 
but  they  found  a  correspondent  feeling  in  the  heart  of  every 
citizen.  It  scarcely  required  the  indulgence  of  superstition 
or  enthusiasm  to  see,  in  the  extraordinary  coincidence  wThich 
marked  the  last  hours  of  Mr.  Jefferson,  the  directing  hand 
of  heaven ;  and  in  this  lesson  America  had  again  reason  to 
bless  that  Almighty  power,  which  had  so  often  seemed  in 
days  of  adversity,  specially  to  guide  her  through  apparently 
unconquerable  perils,  and  in  days  of  prosperity  to  shower 
down  upon  her  people,  in  the  yet  short  period  of  their  exist 
ence,  what  other  nations  have  been  unable  to  attain  to  in  the 
long  lapse  of  time. 


368  JEFFERSON. 

In  pursuing  the  ordinary  duties  of  a  biographer ;  the  per 
sonal  and  political  character  of  Mr.  Jefferson  should  now 
claim  our  notice ;  yet  it  is  with  conscious  inability,  that 
we  undertake  the  task.  The  memory  of  his  public  services, 
his  many  virtues,  and  his  excellent  and  amiable  life,  are  so 
fresh  in  our  recollections,  that  to  speak  of  him  as  we  feel, 
may  bear  the  appearance  of  panegyric  rather  than  the  dis 
passionate  judgment  of  biography.  The  record  of  his  actions, 
however,  is  a  test  to  which  all  may  appeal ;  and  if  in  any 
thing  our  opinions  should  be  deemed  erroneous,  to  that  record 
let  the  appeal  be  made — as  they  are  the  surest,  so  are  they  the 
noblest  monument  he  has  left. 

Mr.  Jefferson  expired  at  Monticello,  at  ten  minutes  before 
one  o'clock  on  the  fourth  of  July,  1826;  within  the  same 
hour  at  which  fifty  years  before,  the  declaration  of  indepen 
dence  had  been  promulgated.  At  this  time  he  had  reached 
the  age  of  eighty-three  years,  two  months,  and  twenty-one 
days.  In  person  he  was  six  feet  two  inches  high,  erect  and 
well  formed,  though  thin  ;  his  eyes  were  light,  and  full  of 
intelligence ;  his  hair  very  abundant,  and  originally  of  a  yel 
lowish  red,  though  in  his  latter  years,  silvered  with  age. 
His  complexion  was  fair  and  his  countenance  remarkably 
expressive ;  his  forehead  broad,  the  nose  not  larger  than  the 
common  size,  and  the  whole  face  square  and  expressive  of 
deep  thinking.  In  his  conversation  he  was  cheerful  and  en 
thusiastic  ;  and  his  language  was  remarkable  for  its  vivacity 
and  correctness.  His  manners  were  extremely  simple  and 
unaffected,  mingled  however  with  much  native,  but  unob 
trusive  dignity. 

In  his  disposition,  Mr.  Jefferson  was  full  of  liberality  and 
benevolence  ;  of  this  the  neighbourhood  of  Monticello  affords 
innumerable  monuments,  and  on  his  own  estate,  such  was 


JEFFERSON.  369 

the  condition  of  his  slaves,  that  in  their  comforts  his  own 
interests  were  too  often  entirely  forgotten.  Among  his 
neighbours  he  was  esteemed  and  heloved  in  an  uncommon 
degree,  and  it  is  almost  incredible  with  what  respect  his 
sentiments  and  opinions  were  regarded  ;  a  stranger  travel 
ling  in  the  neighbourhood  of  Charlottesville,  hears  even  yet 
constant  allusions  to  his  habits  and  actions,  arid  his  name 
is  scarcely  mentioned  without  that  expression  of  veneration, 
which  is  the  reward  of  private  worth,  even  more  than  of  pub 
lic  service.  He  possessed  uncommon  fortitude  and  strength 
of  mind,  with  great  firmness  and  personal  courage;  in  form 
ing  his  opinions  he  was  slow  and  considerate,  but  when  once 
formed,  he  relinquished  them  with  great  reluctance ;  his 
equanimity  and  command  of  temper  were  such,  that  his  oldest 
friends  have  remarked  that  they  never  saw  him  give  way  to 
his  passions  ;  by  his  domestics  he  was  regarded  with  all  the 
warmth  of  filial  affection.  His  attachment  to  his  friends 
was  warm  and  unvarying;  his  hospitality  wras  far  beyond 
his  means,  and  left  him,  as  we  have  seen,  in  his  old  age  the 
victim  of  unexpected  poverty. 

The  domestic  habits  of  Mr.  Jefferson  were  quite  simple.  His 
application  was  constant  and  excessive.  He  rose  very  early, 
and  after  Uis  retirement  from  public  life,  devoted  the  morn 
ing  to  reading  and  to  his  correspondence,  which  was  varied 
and  extensive  to  a  degree,  that  in  his  latter  years  became 
exceedingly  troublesome.  He  then  rode  for  an  hour  or  two, 
an  exercise  to  which  he  felt  aU  the  characteristic  attachment 
of  a  Virginian,  and  which  he  continued  until  a  very  short 
period  before  his  death  ;  the  horse  he  used  was  young,  and 
not  remarkably  gentle,  nor  could  he  be  prevailed  on  to  allow 
the  attendance  of  servants,  even  to  the  last.  After  din 
ner  he  returned  to  his  studies  with  fresh  ardour,  and  then 
Voi.  IV.— S  A 


370  JEFFERSON. 

devoting  Iiis  evening  to  his  family,  retired  to  bed  at  a  ver;y 
early  hour. 

The  studies  of  Mi*.  Jefferson  were  extended  to  almost 
every  branch  of  literature  arid  science.  He  was  the  father 
of  some,  and  the  patron  of  many  of  the  institutions  of  his 
country  for  their  promotion.  He  was  said  to  be  a  profound 
mathematician,  and  was  in  the  habit  of  obtaining  from 
France,  up  to  the  day  of  his  death,  the  most  abstruse  treatises 
on  that  branch  of  science.  His  acquaintance  with  most  of  the 
modern  languages  was  minutely  accurate  ;  he  was  a  profound 
Greek  scholar,  having  devoted  himself  during  his  residence 
in  Europe  to  an  extensive  and  thorough  study  of  that  lan 
guage  ;  and  he  is  said  to  have  cultivated  a  knowledge  of  those 
dialects  of  northern  Europe,  growing  out  of  the  Gothic, 
which  arc  so  closely  connected  with  our  own  language,  laws, 
customs,  and  history. 

So  much  has  been  necessarily  said,  in  recording  the  occur 
rences  .of  Mr.  Jefferson's  life,  that  a  summary  of  his  general 
character  is  reduced  within  very  narrow  limits,  and  may  be 
comprised  in  three  periods  ;  the  first  from  his  early  youth  to 
the  close  of  the  revolutionary  war ;  the  second  from  that 
time  until  his  retirement  from  public  service;  and  the  third 
his  private  life  to  its  close. 

In  the  first  of  these,  we  view  him  entering  into  life  with 
that  union  of  legal  and  political  knowledge,  and  that  min 
gled  character  of  professional  and  agricultural  pursuit, 
which  long  distinguished  the  gentlemen  of  a  state,  that  has 
furnished  n  large  proportion  of  our  most  eminent  citizens. 
The  troubles  of  his  country  soon  commencing,  he  embarked 
in  them  with  all  the  energy  of  youth,  and  rising  with  their 
increase,  we  find  him  throughout  their  course  a  firm  and 


JEFFERSON.  371 

tearless  partisan,  always  foremost  among  those  who  led  the 
van  in  (he  march  of  freedom,  maturing  his  political  princi 
ples  by  constant  application,  always  decided  in  his  conduct, 
and  ready,  as  the  times  required,  to  devote  himself  to  the 


more  silent -duties  of  legislation,  or  the  more  arduous  occu 
pations  of  executive  t;  usts. 

The  second  period  of  his  life  abounded  in  political  cir 
cumstances,  upon  which  the  best  and  wisest  of  his  country 
men  have  entertained  very  different  sentiments  ;  indeed  it 
Was  scarcely  possible,  that  in  a  universal  change  of  almost 
the  whole  fabric  of  society,  their  opinions  should  not  greatly 
vary.  Those  of  Mr.  Jefferson,  as  is  well  known,  always 
leaned  to  the  side  of  freedom,  and  whether  they  are  viewed 
with  favour  or  disapprobation,  he  must  be  taken  as  the  great 
leader  and  author  of  the  more  popular  form  of  our  adminis 
tration,  as  well  as  of  that  system  which,  by  shutting  out 
rather  than  increasing  our  connexion  with  foreign  countries, 
leads  to  self  dependence  of  our  own.  The  great  result 
of  his  measures,  founded  as  they  undoubtedly  were  on  the 
excellent  basis  which  had  been  laid  before  him,  and  gene 
rally  followed  up  by  his  successors,  has  been  the  firm  esta 
blishment  of  every  great  feature  of  our  constitution,  as  it 
seems  to  have  been  originally  designed,  united  with  an 
administration  of  it,  decidedly  popular  in  its  character, 
and  of  great  simplicity,  and  at  the  same  time  a  reduction  of 
party  spirit  within  limit?  perhaps  as  narrow  as  are  possible 
or  useful,  and  the  increase  to  an  amazing  extent  of  the  inter 
nal  energy  and  resources  of  the  nation. 

The  last  period  of  Mr.  Jefferson's  life  was  that  of  rural 
and  philosophic  repose.  Retiring  from  public  scenes  as  the 
greatest  of  men  in  every  age  have  done,  his  activity  though 
abated  was  not  lost,  and  he  still  performed  the  part  of  a 


372  JEFFEKSQN. 

good  and  great  citizen,  watching  over  Ids  country's  actions 
and  attempering  them  by  his  advice.  His  early  disposition 
to  letters,  continued  through  his  busiest,  and  was  the  re 
source  of  his  last  years;  but  his  letters  and  philosophy  were 
of  the  school  of  Franklin,  less  formed  to  investigate  the 
depths  of  antiquity,  or  dazzle  by  their  display,  than  to  come 
home  to  the  interests  of  his  age  and  country,  and  direct 
mankind  in  the  road  of  practical  utility.  Of  the  same  cha 
racter  was  his  style,  plain,  useful,  and  energetic,  adopting 
terms  sometimes  not  before  in  use,  where  he  thought  them 
adapted  to  his  purpose,  and  abounding  sufficiently  with 
manly  and  sublime  touches  \\here,  as  in  several  of  his  public 
papers,  such  were  called  for  by  his  subject. 

Like  Franklin,  Mr.  Jefferson  felt  the  gradual  decay  of  age, 
aftecting  his  body  rather  by  insensible  degrees,  than  by  any 
settled  infirmity,  and  his  mind  not  at  all.  He  became  hoary, 
venerable,  and  bent  with  years,  rattier  than  broken  by  them  ; 
and  his  death  was  at  last  so  happy  in  all  its  circumstances, 
that  he  seemed  to  have  passed  from  this  to  another  world, 
with  the  composure  which  religion  and  philosophy  must 
equally  desire. 


END  OF  VOLUME  IV. 


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